5THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.13535 OF 2009 ORDER: 1 Though the matter is listed under the caption ‘interlocutory’, at request of the counsel appearing on both sides, the Writ Petition itself is taken up for final hearing and is being disposed of. 2 In this Writ Petition, the petitioner has questioned the award passed by the second respondent – Land Acquisition Officer with regard to the land admeasuring Ac.2.00 covered by RS No.77 of Brahmanagudem village, Chegallu Mandal, West Godavari District. 3 Originally one Karaturi Balarama Krishna Murthy was the owner of the land admeasuring Ac.2-50 cents in the said survey number. Out of the aforesaid extent, Ac.2.00 was acquired under the provisions of the Land Acquisition Act 1894 (for short ‘the Act’), draft notification under Section 4(1) of the Act was published in the District Gazette No.311 dated 07.06.2007. After completing the formalities, an award was passed on 06.02.2009. 4 The original owner of the land mortgaged the said land in favour of Bank of India, Pasivedula Branch while availing tractor loan. As the said original owner defaulted in payment of loan amount to the bank, a suit was instituted on the file of the learned Senior Civil Judge, Kovvur in O.S.No.85 of 1986 and the same was decreed. To execute the decree, the bank had filed E.P.No.50 of 2001 and brought the said property, which is already notified under the Act, for sale. The petitioner herein claims that he has participated in the auction, purchased the land admeasuring Ac.2.00 being the successful bidder and a sale deed was executed in his favour by delivering possession on 13.06.2009. 5 In this Writ Petition it is the case of the petitioner that coming to know about the Land Acquisition Proceedings, he got issued a notice dated 01.11.2008 to the Land Acquisition Officer informing the purchase of the said land by him in open auction, in spite of which, without giving any opportunity to him, the impugned award was passed under the provisions of the Act. 6 Mainly the relief sought for in this Writ Petition is for invalidation of the award passed under the Land Acquisition Act to the extent of Ac.2.00 covered by R.S.No.77 of Brahmanagudem village, Chegallu Mandal, West Godavari District only on the ground that though he has purchased the land in an open auction in pursuance of the execution proceedings, he was not given an opportunity to participate in the award. 7 The second respondent i.e. Revenue Divisional Officer, Kovvur – cum – Land Acquisition Officer has filed a detailed counter affidavit. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the land in question is notified by way of notification under Section 4(1) of the Act on 07.06.2007 and the same was published in the District Gazette No.311 on 05.12.2008 and after following necessary formalities, the award was passed. It is stated that Brahmanagudem village, Chegallu Mandal, West Godavari District was selected as model village under II Phase of Indiramma Programme for providing house sites to the needy persons. In the counter it is categorically stated that after publication of draft declaration under Section 6 of the Act, award enquiry notices were issued under Section 9(1) and 10 of the Act to the interested persons and award enquiry was completed by 21.07.2008. It is stated that the petitioner obtained sale deed in respect of Ac.2.00 in a Court auction and was put in possession of the property on 13.06.2009. But by that time, already award was passed and compensation amount was deposited in the civil Court on 02.03.2009. It is also stated that in fact, the petitioner, after passing of the award, has also filed an application under Section 18 of the Act on 25.07.2009 seeking reference to civil Court for determination of compensation. 8 In view of the arguments advanced by the counsel appearing for the parties in this case, it is to be noticed that the notification under Section 4(1) of the Act was issued even much prior to the execution proceedings pursuant to a decree obtained by the Bank. As evident from the counter affidavit, the notification under section 4(1) of the Act was published on 07.06.2007 in District Gazette 311 and thereafter declaration was also published and after issuing necessary notices under Sections 9(1), (3) & 10 of the Act, award enquiry was taken up and award enquiry was completed on 21.07.2008. The purchase of the land by the petitioner in execution proceedings pursuant to the decree in O.S.No.85 of 1986 on the file of the learned Senior Civil Judge, Kovvur, was subsequent to the closure of award enquiry also. It is to be noticed that the award will be passed under the provisions of the Act by giving notices to the interested persons as per the notification under Section 4(1) of the Act. Although, it is contended by the learned counsel for the petitioner that a notice was also issued on his behalf on 01.11.2008 to the Land Acquisition Officer with regard to the acquisition of land to an extent of Ac.2.00, but, even by that time, award enquiry was completed on 21.07.2008, as stated in the counter affidavit. It is also to be noticed that the petitioner himself has filed an application under Section 18 of the Act, which is evident from the counter affidavit filed by the second respondent, seeking reference to the Civil Court. 9 For the aforesaid reasons, I do not find any illegality in the award passed with regard to the land in question so as to invalidate the same in this Writ Petition as sought for by the petitioner. 10 The Writ Petition is accordingly dismissed. However, it is made clear that if any application of the petitioner under Section 18 of the Act is pending, this will not preclude the respondents to consider the said application for referring the matter to a competent civil Court for enhancement of compensation. No order as to costs. -------------------------- R.Subhash Reddy, J. 26.12.2011 Kvsn