IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7768 of 2008 Between: 1 Smt. P. Shobha W/o. Ramanand Sagar R/o.Plot No.21, Manju Anurag Enclave, Near Vijay Mary School, Madhusudan Nagar, Malkajigiri, Hyderabad. 2 Smt. P. Padma W/o. Narender R/o. H,.No. 13-88, Yadav Nagar, Malkajigiri, Hyderabad. 3 P. Vikramanand Sagar S/o. Ramanand Sagar R/o.Plot No.21, Manju Anurag Enclave, Near Vijay Mary School, Madhusudan Nagar, Malkajigiri, Hyderabad. 4 P. Amarender S/o. Narender R/o. H,.No. 13-88, Yadav Nagar, Malkajigiri, Hyderabad. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Infrastructure & Investment (IID-2) Department, Secretariat, Hyderabad. 2 The Land Acquisition Officer & Special Deputy Collector, (L.A.) Unit-II O.R.R. HUDA Complex, Tarnaka, Hyderabad. 3 The Project Director, Out Ring Road Project (HUDA), Tarnaka, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring the land Acquisition proceedings issued in respect of 30 1/2 guntas of land in SY.No. 25 of Bongulur Village, Ibrahimpatnam Mandal, Ranga Reddy District by the 2nd respondent including the Section 4(1) Notification dt. 14-12-2005 and award dt. 11-3-2008 as illegal, arbitrary and contrary to provisions of Land Acquisition Act and set aside the same and also declare the action of the respondents in not framing a package in respect of persons losing the non-agricultural lands/Commercial Lands as illegal, arbitrary and contrary to article 19 and 21 of the Constitution of India Consequently direct the respondents to frame package in respect of the non agriculture lands including the Diesel Bunk of the petitioners are concerned either by giving land in lieu of Acquisition of their land of providing them a retail outlet of Diesel in the amenities Zone proposed by the Government in the Our Ring Road project before acquiring the land of the petitioners i.e, 30 1/2 guntas of land in Sy.No. 25 of Bongulur Village, Ibrahimpatnam Mandal, Ranga Reddy District in the interest of justice. Counsel for the Petitioners: Mr.M.RATNA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : ORDER: Petitioners claim to be the owners of the land in Sy.No.25 of Bongulur village, Ibrahimpatnam mandal, Rangareddy District admeasuring Ac.1.13 ½ guntas. They have established a Petroleum outlet in an extent of 30 ½ guntas. The entire land was notiﬁed for acquisition. The award was passed on 11-03-2008 in respect of the acquired land. 2. The grievance of the petitioners is two-fold. The ﬁrst is that the land covered by the Petroleum outlet was treated as agricultural land in the context of awarding compensation. Second is that though the Government provided for formulation of a scheme in its orders in G.O.Ms.No.14, Infrastructure & Investment (IID-2) Department, dated 18-12-2006, particularly for the lands aﬀected at junctions, no such package has been announced and that they are put to hardship. 3. On behalf of the respondents, a counter-aﬃdavit is ﬁled, stating that the land of the petitioners was acquired strictly in conformity with the provisions of the Land Acquisition Act, 1894 ( for brevity, ‘the Act’). 4. Heard learned counsel for the petitioner, learned Government Pleader for Land Acquisition and learned standing counsel for the 3rd respondent. 5. Though the petitioners made an eﬀort to assail the very notiﬁcation under Section 4(1) of the Act in respect of their land, this Court is not inclined to accede to the request. Not only the notiﬁcation has become ﬁnal but also the award was passed. The petitioners did not raise any objection for the acquisition. On the other hand, they have surrendered some portion of their land to avail the beneﬁt under the package. 6. The Land Acquisition Oﬃcer has also passed an award. In case the petitioners are aggrieved, be it as to the extent of the land, or the quantum of compensation, they have to work out their remedies under Section 18 of the Act. It is represented that an application seeking reference has also been filed. 7. It is no doubt true that in G.O.Ms.No.14, dated 18-12-2006, a proposal was mooted for announcing a package for the beneﬁt of the owners of the land at the proposed junctions of the Ring Road. The fact, however, remains that the package has not been announced yet. The land of the petitioners is said to be at a junction. Even if a package is going to be announced, at a later point of time the petitioners can certainly avail the beneﬁt, if necessary, by foregoing their rights under the award. 8. Therefore, the Writ Petition is disposed of, leaving it open to the petitioners to work out their remedies vis-à-vis the award and in the event of the respondents announcing any package in respect of the lands acquired at the junctions, the petitioners are at liberty to avail the same. The receipt of any compensation under the award shall be without prejudice to the rights of the petitioners to avail the beneﬁt under the package. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 23rd September, 2008 Tsy To 1 The Principal Secretary, Government of Andhra Pradesh, Infrastructure & Investment (IID-2) Department, Secretariat, Hyderabad. 2 The Land Acquisition Officer & Special Deputy Collector, (L.A.) Unit-II O.R.R. HUDA Complex, Tarnaka, Hyderabad. 3 The Project Director, Out Ring Road Project (HUDA), Tarnaka, Hyderabad. 4 2 CCs to the GP for Land Acquisition. 5. 2 CD copies.