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.9062 of 2008 Between: 1 Parbaiah, S/o. Nagaian, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 2 Malliah Lasmaiah,(DIED) per L.Rs. Petitioner No. 3 & 4, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 3 Mahadu, S/o. Late Malliah @ Mallappa, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 4 Laxman, S/o. Late Mallaiah @ Mallappa, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 5 Lalaiah, S/o. Lasmaiah,(DIED) per LRs Petitioners 6 to 8 , R/o. Mailar village, Jukkal Mandal, Nizamabad District. 6 Amresh, S/o. Lalaiah @ Lalappa, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 7 Naringh, S/o. Lalaiah @ Lalappa, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 8 Rajkumar, S/o. Lalaiah @ Lalappa, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 9 Jellaiah, S/o. Lalaiah @ Lalappa, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 10 Balamma, W/o. Maraiah, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 11 Lalamma, W/o. Maraiah, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 12 Ramaiah, S/o. Lalaiah, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 13 Bhumaiah, S/o. Lalaiah, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 14 Madhava Rao, S/o. Gunde rao (DIED) per Lrs, Pet. No.15 to 17 , R/o. Mailar village, Jukkal Mandal, Nizamabad District. 15 Sanjeeva Rao, S/o Late Madhava Rao, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 16 Dattatriya Rao, S/o Late Madhava Rao, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 17 Padmini Bai, W/o. Late Sesha Rao, R/o. Mailar village, Jukkal Mandal, Nizamabad District. 18 Narsing Rao, S/o. Narayana Rao, R/o. Mailar village, Jukkal Mandal, Nizamabad District. ..... PETITIONERS AND The Land Acquisition officer/R.D.O. Bodhan, Nizamabad 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 any appropriate Writ, Order or direction more particularly one in the nature of "Writ of Mandamus" directing the respondent herein to pass the award on the application of the petitioners dated 21-3-2000 redetermining the compensation amount for the lands of the petitioners situated at Mailar Village, Jukkal Mandal, Nizamabad District on par with the award of the Civil Court in O.P.No.25/1996 dated 27-1-2000 forthwith. Counsel for the Petitioners: MR.V.TULASI REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9062 of 2008 ORDER: The lands of the petitioners in Sy.Nos.9/2 and 6/BA situated at Mailar village of Jukkal Mandal in Nizamabad District and other lands were acquired by the Government, for the purpose of construction of Koulasnala project, by issuance of a notification under Section 4(1) of the Land Acquisition Act, 1894. Thereafter, after following the procedure provided for under law, the respondent-Land Acquisition Officer passed an award on 22.11.1995, fixing compensation. Being not satisfied with the quantum of compensation, some of the claimants (not the petitioners herein) gave an application to the respondent seeking reference under Section 18 of the Act, which was referred to the learned Senior Civil Judge, Bodhan, and numbered as O.P.No.25 of 1996. The learned Senior Civil Judge, by judgment dated 27.01.2000, enhanced the compensation. As the petitioners did not seek any reference, immediately after coming to know of the said enhancement petitioners gave an application on 21.03.2000, requesting the respondent to redetermine the compensation in terms of the judgment in O.P.No.25 of 1996, and the same was acknowledged by the respondent. While the said application was pending, the respondent preferred an appeal, being A.S.No.1071 of 2000, before this Court against the judgment and decree passed in O.P.No.25 of 1996, which was allowed in part, reducing the compensation determined by the Senior Civil Judge from 45,000/- to Rs.38,974/- per acre. Aggrieved by the same, the respondent preferred S.L.P., before the Supreme Court, which was also ended in dismissal. Now the grievance of the petitioners is that though the compensation in respect of other similar acquired lands is enhanced, the respondent has not redetermined the compensation in respect of the lands acquired from them, despite their application, given under Section 28-A of the Act. Hence, this writ petition. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Land Acquisition. Having regard to the fact that the application made by the petitioners under Section 28-A of the Act seeking redetermination of the compensation is pending with the respondent, this Court directs that if the petitioners’ application dated 21.03.2000, satisfies the requirement under Section 28-A of the Act, the respondent shall consider the same and enhance the compensation in respect of the lands acquired from the petitioners, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 24th April 2008 Sh To 1. The Land Acquisition officer-cum-R.D.O. Bodhan, Nizamabad District. 2. Two C.Cs to 3. Two C.D. copies.