THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.23655 of 2010 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of the respondents in not referring the matter under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) to the civil Court for enhancement of compensation awarded in respect of his acquired land admeasuring Ac.1.52 cents covered by Survey No.93/5 of Sathrawada Village. An extent of Acs.30.48 cents of private patta land situated in Sathrawada Village in Nagiri Mandal of Chittoor District, was notified under the provisions of the Act for the purpose of construction of 100 Mc.ft capacity storage tank at Rajukunta of Sathrawada Village in Nagiri Mandal. Pursuant to initiation of land acquisition proceedings, it is the case of the petitioner that he was paid compensation of Rs.2,66,000/- by way of cheque bearing No.050008, dated 12.09.2008, and immediately thereafter, he has filed an application under Section 18 of the Act seeking reference to the civil Court for enhancement of compensation but the same has not been considered by the authorities. When the matter came up on 24.09.2010, at the stage of admission, at the request of the learned Assistant Government Pleader for Land Acquisition appearing for the respondents to obtain instructions, the matter was adjourned. When the matter is taken up today, the learned Assistant Government Pleader for Land Acquisition produced before this Court the record including copies of the award, dated 11.09.2008, passed by the third respondent – Revenue Divisional Officer-cum-Land Acquisition Officer, Chittoor, the affidavit in Form-IV executed by the petitioner before the third respondent, and the receipt obtained in payment of compensation under Form-C. A perusal of the affidavit executed by the petitioner indicates that he has agreed for payment of compensation @ Rs.1,75,000/- per acre, as was offered by the Negotiations Committee. Based on the proceedings of the Negotiations Committee and the affidavit executed by the petitioner in Form-IV, award bearing No.8/2008-09, dated 11.09.2008, was passed under Section 11(2) of the Act. This provision envisages that if the Collector is satisfied that all the persons interested in the land appeared before him have agreed in writing on the matters to be included in the award in the form prescribed by rules made by the appropriate Government, he is empowered to pass an award without any enquiry in terms of such agreement. In that view of the matter, once the petitioner executed affidavit in terms of the proceedings of the Negotiations Committee agreeing to receive compensation @ Rs.1,75,000/- per acre and based on his consent, the award was passed on 11.09.2008 under Section 11(2) of the Act, he cannot be termed as aggrieved person to seek reference under Section 18 of the Act. For the aforesaid reasons, the writ petition is devoid of merit and accordingly dismissed. No order as to costs. ________________________ R.SUBHASH REDDY, J 4th OCTOBER, 2010. kvni