IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 26222 of 2001 Between: Shaik Nassem Basha, S/o. Late Shaik Bashu. Muthawalli, Navalur Ashoorkhana, Mangalagiri Mandal, Guntur District. ..... PETITIONER AND 1 The Special Deputy Collector, (Land Acquisition), Vijayawada, Guntur, Tenali Urban Development Authority, Vijayawada. 2 The Chief Executive Officer, A.P.State Wakf Board, Block M4. Manoranjan Complex, M.J.Road, Nampally, Hyderabad. .....RESPONDENTS Counsel for the Petitioner:MR.SYED SHAREEF AHMED Counsel for Respondent No.1: AGP FOR LAND ACQUISITION Counsel for Respondent No.2: MR. S.M.SUBHANI The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent No.1 in not depositing the enhanced compensation in respect of land admeasuring Acs.11.52 cents in Survey No.77 of Navaluru Village, Mangalagiri Mandal, Guntur District applying Section 28A of the Land Acquisition Act, 1894 (for short ‘the Act’) as illegal and arbitrary. The petitioner claims to be Muthawalli of Navaluru Ashoorkhana, which is a registered wakf at Mangalagiri Mandal, Guntur District. He averred that the land admeasuring Acs.11.52 cents belonging to the said wakf was acquired under Award No.2 of 1989, dated 09.02.1989. He further averred that some persons not satisfied with the award, filed Writ Petition No.9506 of 1991 in this Court and the order passed in the said writ petition is the subject matter of Writ Appeal No.1241 of 1990 and batch, which was disposed of on 07.12.1990. He further averred that to the legal notice got issued by him on 07.12.2000, respondent No.1 gave a reply on 11.12.2000 stating that there is a title dispute and hence, it is not possible to pay the enhanced compensation to the petitioner. At the hearing, Sri Syed Shareef Ahmed, learned counsel for the petitioner stated that though there was an order passed by the learned Single Judge in Writ Petition No.9506 of 1991 directing payment of enhanced compensation fixed by a Committee, the Division Bench in Writ Appeal No.1241 of 1990 and batch by its judgment, dated 07.12.1990 set aside the said order. He concedes that there is no civil Court award on the basis of which, the petitioner could seek enhanced compensation. Under Section 28A of the Act, a owner of the land, who has not sought for reference under Section 18, is entitled to apply to the Collector to enhance the compensation, if the civil Court passes an award in respect of other lands covered by the same notification. Therefore, the sine qua non for any person to apply for enhanced compensation is, existence of a civil Court award. Admittedly, no such award has been passed by the civil Court in respect of any of the lands covered by the same notification, under which, the land belonging to the wakf has been acquired. Therefore, there is absolutely no justification for the petitioner to file this writ petition. The writ petition is, therefore, dismissed. C.V.NAGARJUNA REDDY, J 7th AUGUST, 2008. kvni