* HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY + WRIT PEITITON Nos. 12916 OF 2009 AND 28406 OF 2011 % Dated 02-11-2011 WRIT PETITION No. 12916 OF 2009 Between: # Jalla Narasimha Reddy and another ………Petitioners And $ The Special Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi (GNSS), Kadapa, Kadapa District ………..Respondent ! Counsel for the petitioner : Sri L.J. Veera Reddy ^ Counsel for the respondent : Assistant Government Pleader for Land Acquisition WRIT PETITION No. 28406 OF 2011 Between: Saddaginjala Peddanarayana Reddy and another ………Petitioners And The Special Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi (GNSS), Kadapa, Kadapa District and four others ………..Respondents Counsel for the petitioner : Sri A.V. Sivaiah Counsel for respondents 1 and 2 : Assistant Government Pleader for Land Acquisition <GIST: >HEAD NOTE: ? Cases referred HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PEITITON Nos. 12916 OF 2009 AND 28406 OF 2011 Dated 2nd November, 2011 WRIT PETITION No. 12916 OF 2009 Between: Jalla Narasimha Reddy and another ………Petitioners And The Special Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi (GNSS), Kadapa, Kadapa District ………..Respondent Counsel for the petitioner : Sri L.J. Veera Reddy Counsel for the respondent : Assistant Government Pleader for Land Acquisition WRIT PETITION No. 28406 OF 2011 Between: Saddaginjala Peddanarayana Reddy and another ………Petitioners And The Special Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi (GNSS), Kadapa, Kadapa District and four others ………..Respondents Counsel for the petitioner : Sri A.V. Sivaiah Counsel for respondents 1 and 2 : Assistant Government Pleader for Land Acquisition The Court made the following COMMON ORDER: Since the subject matter of dispute in both these writ petitions is same, they are heard and disposed of by this common order. Writ Petition No. 12916 of 2009 is filed for a mandamus to declare the action of the respondent in not issuing notice to the petitioners in the award enquiry in respect of lands and houses situated in Yerragudi and Chamalur Villages of Kondapuram Mandal, Kadapa District which were acquired for the purpose of Galeru Nagari Sujala Sravanthi Project (for short ‘GNSS Project’) in pursuance of notice, dated 10-02-2009 as illegal and arbitrary. In respect of the same property for which Writ Petition No. 12916 of 2009 was filed, another set of two persons filed Writ Petition No. 28406 of 2011 for a mandamus to declare the action of respondent Nos. 1 and 2 in not proceeding with award enquiry as arbitrary and illegal. According to the petitioners in Writ Petition No. 12916 of 2009, the lands and structures notified for acquisition are ancestral properties and that they have shares therein. They felt aggrieved by the action of the respondent in not giving notices to them in the award enquiry. The petitioners in Writ Petition No. 28406 of 2011 pleaded that they are permanent residents of Yerragudi Village, Kondapur Mandal and they own Acs.2.90 cents of dry land in various survey numbers besides having pucca houses bearing Nos.E/174, E/175 and E/176 and that they were notified for acquisition for the purpose of GNSS Project. It is their further pleaded case that their names are notified as owners in all the acquisition proceedings. Apprehending that respondent Nos. 1 and 2 may distribute compensation in favour of respondent Nos. 3 to 5, they have filed the present writ petition. The Special Deputy Collector, Land Acquisition, GNSS Project filed a counter affidavit in Writ Petition No. 12916 of 2009 wherein it is inter alia stated that the lands in Survey Nos.15/2, 24/9, 24/10, 24/12, 299, 303, 3/2, 4/1B, 44/1, 44/2, 45 and 67 of Yerragudi Vilalge of Dondapuram Mandal stand in the names of Pindikuri Rama Subba Reddy, G. Ramalakshumma, Lakshmi Narayanamma, Gurijala Venkata Rama Sudhakar Reddy, Saddaginjala Devi, Saddaginjala Varalakshmi, Saddaginjala Lingeswaramma, Saddaginjala Nagamma, Jalla Narasimha Reddy, Jalla Sudhakar Reddy and Jalla Jaya Rami Reddy respectively. The lands in Survey Nos. 15, 16, 18, 19, 20, 200/5, 204/5, 210, 214, 215, 215/1, 215/2, 215/3 and 215/4 of Chamaluru Village of Kondapuram Mandal stand in the names of Saddaginjala Pedda Nagi Reddy, Saddaginjala Nagamma, Chenchala Sreenivasulu, Chagari Eswar Reddy, Chagari Viswanatha Reddy, Nagamma, Chagari Lakshmi Rangamma, Ramachandra Reddy, Gurajala Venkata Subba Reddy, Mohan Reddy, Krishna Reddy, Gurijala Narayana Reddy, Gurujala Ramanjula Reddy and C. Lakshmi Reddy respectively. Therefore, the names of those persons were mentioned in the notification issued under Section 4 (1) and the declaration under Section 6 of the Land Acquisition Act, 1894 (for short ‘the Act’). It is further stated that since structures bearing Nos. E/174, E/175, E/176, E/348, E/349 and E/355 of Yerragudi Village stand in the names of Saddaginjala Nagi Reddy, Saddaginjala Nagamma, Saddaginjala Sambasiva Reddy, Jalla Mallikarjuna Reddy, Jalla Jaya Rami Reddy and Jalla Sudhakar Reddy and structure Nos. CH-168 and CH-169 stand in the names of Chagari Obula Reddy and Chagari Chandra Obula Reddy of Chamaluru Village, their names were mentioned in the notification and the declaration and that neither in respect of lands nor for structures, the names of the petitioners have been mentioned because the properties do not stand in their names. It is further stated that the petitioners have filed representations, dated 16-02-2009 and 21-04-2010 before the Special Collector, Land Acquisition, GNSS Project, Kadapa claming share in the compensation on the ground that the properties are ancestral. Since they failed to produce any evidence in support of their claims, individual notices have not been issued. It is further stated that a consent award was passed in respect of Survey Nos.15/2, 24/9, 24/10, 24/12, 299, 303 of Yerragudi Village and for Survey Nos. 15, 16, 18, 19 and 20 of Chamaluru Village and compensation amount was distributed to the awardees. With regard to the properties which are subject matter of the present writ petition viz., Survey Nos. 3/2, 4/1B, 44/1, 44/2, 45 and 67 of Yerragudi Village and structure Nos. E/174, E/175, E/176, E/348, E/349, E/355 and Survey Nos. 200/5, 204/5, 210, 214, 215, 215/1, 215/2, 215/3 and 215/4 of Chamaluru Village and structure Nos.CH-168 and CH-169, award has not been passed in view of the order of status quo granted by this Court on 01-07-2009. At the hearing, the learned Assistant Government Pleader for Land Acquisition submitted that in view of the order of status quo granted by this Court in Writ Petition No. 12916 of 2009, award enquiry could not be held and award could not be passed. Under Section 9 (1) of the Act, the Collector shall cause a public notice to be given at convenient places on or near the land to be taken stating that the Government intends to take possession of the land and that claims to compensation for all interests in such land may be made to him. Under sub-section (3) thereof, the Collector shall also serve notice to the same effect on the occupier, if any, of such land and on all such persons known or believed to be interested therein or to be entitled to act for persons so interested, as resided or have agents authorised to receive service on their behalf. Under Section 11 (1) of the Act, on the day fixed for enquiry, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under Section 9 relating to various aspects mentioned in the provision and pass an award. In the scheme envisaged under Section 9 of the Act, the notices are of two categories viz., general and individual notices. In the category of general notice which is in the nature of a public notice, the Collector shall invite claims to compensation, while in the second category, individual notices would be served on all such persons known or believed to be interested in the property acquired. It is not the pleaded case of the petitioners in Writ Petition No. 12196 of 2009 that the general notice as envisaged under Section 9 (1) has not been issued. Their grievance is that they have not been issued individual notices by recognising them as owners or persons interested in the land. In my opinion, the petitioners cannot insist on service of individual notices as their interests will be protected by the provisions of Section 9 (1) of the Act under which claims from all those persons who are interested in the land are invited. The Collector cannot refuse to adjudicate on the claim of any person who has not received individual notice under Section 9 (3) merely on that count, but he shall adjudicate the claims of all those persons who are interested irrespective of whether they have received individual notices under Section 9 (3) or have filed their claims in response to the public notice under Section 9 (1) of the Act. Therefore, this Court is of the opinion that the grievance of the petitioners that individual notices have not been given is wholly illusory. Even though the Special Deputy Collector, Land Acquisition in his counter affidavit stated that as the petitioners failed to produce evidence they were not given individual notices under Section 9 (3), he shall at the same time consider the claims of the petitioners as well in the award enquiry. As noted above, in the counter affidavit, two representations have already been made by the petitioners through which they have made their claims. The Special Deputy Collector, Land Acquisition, GNSS Project is therefore bound to consider those representations along with the claims, if any, made by the petitioners in Writ Petition No. 28406 of 2011. For the above mentioned reasons and in the light of the foregoing discussion, both the writ petitions are disposed of with a direction to the Special Deputy Collector, Land Acquisition, GNSS Project, Unit III, Muddanuru to enquire into the claims of the petitioners in both the writ petitions and of any other person who has filed his claim petition in the award enquiry and pass appropriate award in accordance with the provisions of the Act, within a period of two months from the date of receipt of a copy of this order. As a sequel to the disposal of the writ petitions, WPMP No. 16714 of 2009 and WVMP No. 4510 of 2010 in Writ Petition No. 12916 of 2009 and WPMP No. 35080 of 2011 in Writ Petition No. 20846 of 2011 are also disposed of. C.V. NAGARJUNA REDDY, J Dated: 2nd November, 2011 ks LR Copies