IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8386 of 2008 Between: 1 Arjilli Kodanda @ Kondala Rao, S/o. Appayya, R/o. D.No. 3-79, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 2 Moka Krishna Veni, D/o. late T.Seshamma, R/o.D.No.2-72, Vakalapudi, Kakinada Rural Mandal,East Godavari District. 3 Arjilli Subhadra, W/o. China Appa Rao, R/o.D.NO.2-236, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 4 Arjilli Bangramma, W/o. late Peda Kodanda, R/o.D.NO.3-55, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 5 Vanka Simhadri, S/o. late Sathiyamma, R/o.D.NO.2-224, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 6 Pendkey Satyanarayana, S/o. Talupulu, R/o.D.NO.2-45, Penumarthi,Thammavaram Mandal, East Godavari District. 7 Kaki Purna Savitri, W/o. late satyanarayana, R/o.D.NO.2-128, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 8 Kaki Easwara Rao, S/o. Appala Raju, R/o.D.NO.2-128, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 9 Kaki Satyanarayana, S/o. Appala Raju, R/o.D.NO.2-128, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 10 Penky Bhadram, S/o. Veerraju, R/o.D.NO.2-54, Penumarthi,Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 11 Vasamsetty Veerayamma, W/o. late Satyanarayana, R/o.D.NO.2-188,Pamugunta, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. ..... PETITIONERS AND The Special Grade Deputy Collector and Land Acquisition Officer, APIIC, Visakhapatnam, Camp Office: Kakinada, East Godavari District. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondent in not considering the applications dated 28-12-1999 made by petitioners under Sec. 28-A of Land Acquisition Act, 1894 for the lands acquired under Award No. 3 of 1991 dated 30.4.1991, in accordance with the order dated 30.9.1991 in O.P.No. 23 of 1992 on the file of the Court of the Principal Senior Civil Judge, "Kakinada as illegal, arbitrary, and Violative of Art, 300- A of the Constitution of India and consequently, direct the respondent to pay the compensation to us in accordance with the order dated 30.9.1999 in O.P.No. 23 of 1992. Counsel for the Petitioners: MR.S.SUBBA REDDY Counsel for the Respondent: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8386 of 2008 ORDER: Petitioners are owners of various extents of lands in different survey numbers situated at Thammavaram village of Kakinada Rural Mandal in East Godavari District. Their lands were acquired by the Government under the provisions of the Land Acquisition Act, 1894 (for short “the Act”), for the purpose of establishing Pelletisition and Sponge Iron plants for ESSAR Gujarat Limited. Thereafter, after following the procedure contemplated under the Act, the respondent passed an award, being Award No.3 of 1991, on 30.04.1991, fixing the compensation. Being not satisfied with the compensation awarded by the respondent-Land Acquisition Officer, some of the claimants, whose lands were acquired along with the petitioners, sought for a reference under Section 18 of the Act, which was referred to the Court of Principal Senior Civil Judge, Kakinada, and numbered as O.P.No.23 of 1992, and the learned Senior Civil Judge also enhanced the compensation. Coming to the know of the said enhancement, petitioners gave an application on 28.12.1999 to the respondent under Section 28-A of the Act, to redetermine the compensation in terms of the said O.P., but in vain. Hence, this writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. In the original Land Acquisition Act 1894, (Act 1 of 1984) there was no provision with regard to enhancing compensation without seeking reference to the civil court under Section 18 of that Act. As some of the claimants were seeking reference and getting the compensation enhanced, and others, may be on account of ignorance or illiteracy, were not seeking reference, and were paid only the compensation awarded by the Land Acquisition Officer, and as this was creating anomaly, the Parliament, in its wisdom, thought it fit to bring a provision and in that context, Section 28-A of the Act was introduced under Act 68 of 1994, regarding redetermination of the compensation on the basis of the award of the civil court passed in respect of similarly situated persons. The very intention of the Parliament in introducing the said provision is to see that all the claimants get equal amounts. Of course, in the said provision of law there is an embargo that the claimants, who do not seek reference under Section 18 of the Act, shall make an application seeking enhancement of the compensation within a period of three months from the date of the judgment of the civil court. If the claimants fail to make such representation within such time, they are not entitled to seek enhancement. Coming to the facts on hand, according to the petitioners, other similarly situated persons sought for a reference, being O.P.No.23 of 1992, and the civil court enhanced the compensation on 30.09.1999. The petitioners gave an application on 28.12.1999, for redetermination of compensation, and the same is not disputed by the learned Assistant Government Pleader. When the petitioners’ application seeking redetermination of the compensation is within time, the respondent has to enhance the compensation in respect of the lands acquired from the petitioners on par with those claimants in O.P.No.23 of 1992. Accordingly, the writ petition is allowed and the respondent is hereby directed to consider the application of the petitioners dated 28.12.1999, enhance the compensation in respect of lands acquired from them on par with other similarly situated claimants and pay the enhanced compensation to them, within a period of eight weeks from today. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 23rd April 2008 Note: Furnish C.C. in one week. (B/o) Sh To 1. The Special Grade Deputy Collector and Land Acquisition Officer, APIIC, Visakhapatnam, Camp Office: Kakinada, East Godavari District. 2. Two C.Cs to 3. Two C.D. copies.