IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.Nos.13571, 13572, 17482, 17534 and 17603 of 2007 WRIT PETITION No.13571 of 2007: Between: 1 Maloth Shanker S/o Biksham 2 Maloth Raju S/o Gajana 3 Chirumamilla Durgamma S/o Ramaiah 4 Chirumamilla Koteswramma W/o Radhakrishnaiah 5 Chirumamilla Venkaiah S/o Ramaiah 6 Vallamsetla Kotaiah S/o Janakiram 7 Chirumamilla Prasad S/o Narayana 8 Chirumamilla Venkatappaiah S/o janakiramaiah 9 Chirumamilla Kotaiah s/o janakiramaiah 10 Chirumamilla Rangaiah S/o Ramachandraiah 11 Maloth Bixam S/o Ramulu 12 Maloth Tavurya S/o Surya 13 Maloth Redya S/o Lachiya 14 Maloth Badru S/o Maniya 15 Maloth Ranga S/o Nandsya All are Agriculturists and Residents of Somavaram Village Nereducherla Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 State of Andhra Pradesh rep by its Principal Secretary to Government I& CAD Department,Secretariat Hyderabad. 2 Special Deputy Collector Nalgonda 3 Executive Engineer Roads & Buildings Miryalaguda, Nalgonda district 4 Special Collector SLBC & SRSP, Huda Complex Tarnaka, Hyderabad .....RESPONDENTS 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 Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the Respondents in not referring the application of the petitioners dated 6-5-1994 under Section 18 of Land Acquisition Act against the Award No.47/93-94 dated 5-4-1994 passed by the 2nd respondent and also not tendering the awarded amount as per Land acquisition Act under the same award to us as totally illegal, without jurisdiction and in violation of Articles 14 and 300-A of Constitution of India and consequently direct the Respondents to refer the matter U/s. 18 of Land acquisition Act and also direct the Respondents to pay the award amount as per land Acquisition Act under the award 47/93-94 dt 5-4-1994 by deducting the amount determined under the act 32 of 1956 and received under protest and to pass such other order or further orders in the interest of justice. Counsel for the Petitioners: MR.S.LAKSHMA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION GP FOR ROADS & BUILDINGS WRIT PETITION No.13572 of 2007: Between: 1 G. Pandaiah, S/o. Gurvaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 2 K. Ramaiah, S/o. Mattaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 3 R. Seetha Ramanarsaiah, S/o. Ramaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 4 R. Rama Kotaiah, S/o.Kanakaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 5 D. Venkateshwarlu, S/o. Ramaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 6 R. Viswanadham, S/o. Ramchandriah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 7 B. Bixamaiah, S/o. Rangaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 8 R. Bazzar, S/o. Late Ramakotaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 9 N. Pullaiah, S/o. Peddaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 10 Ch. Saidamma, W/o. Late Bangaiha, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 11 N. Saidaiah, S/o. Peddaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 12 M. Laxminarsamma, W/o. Krishnaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 13 M. Brahmaiah, S/o. Veeraiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 14 M. Krishna Chary, S/o. Satyanarayana, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 15 B. Linga Reddy, S/o. Saidi Reddy, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 16 B. Venkat Reddy, S/o. Saidi Reddy, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 17 G. Gopala Rao, S/o. Madhava Rao, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 18 V. China Appaiah, S/o.Kotaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 19 M. Thirpathamma, W/o. Seetha Reddy, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 20 M. Veeramma, W/o. Venkat Reddy, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 21 K. Veeraiah, S/o. Saidaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 22 T. Saidaiah, S/o.Papaiah, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 23 Rai Mattaiah, S/o. Beerappa, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. 24 M. Ramachadraiah, S/o. Kanakarathanam, R/o. Dirsincherla Village, Neredcherla Mandal, Nalgonda District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Government, I & CAD Department, Secretariat, Hyderabad. 2 Special Deputy Collector (LA), Nalgonda. 3 Executive Engineer, Roads & Buildings, Miryalguda, Nalgonda District. 4 Special Collector, SLBC & SRSP, HUDA Complex, Tarnaka, Hyderabad. .....RESPONDENTS 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 Writ of Mandamus, or any other appropriate Writ, Order or direction, declaring the action of the Respondents in not referring the application of the Petitioners dated 2-1-1995 under Section 18 of Land Acquisition Act against the Award No. 36/94-95 dated 1-9-1994 passed by the 2nd Respondent and also not tendering the awarded amount as per Land Acquisition Act under the same award to us as totally illegal, without jurisdiction and in violation of Articles 14 and 300-A of the Constitution of India and Consequently direct the Respondents to refer matter U/s. 18 of Land Acquisition Act and also direct the Respondent to pay the awarded amount as per Land Acquisition Act under the award 36/94-95 dt. 1-9-1994 by deducting the amount determined under the Act 32 of 1956 and received under protest and to pass such other order or further orders in the interest of justice. WRIT PETITION No.17482 of 2007 Between: 1 T. Shankar Reddy, S/o. Anantha Reddy, 2 T. Pichamma, W/o. Raghava Reddy, 3 P. Sunandha, D/o. Raghava Reddy, 4 K. Lingaiah (Died) his LR Gurvamma, W/o. Lingaiah, 5 K. Aadamma, W/o. Ananthaiah, 6 P. Pentaiah, S/o. Papaiah, 7 P. Sayamma, W/o. Nagaiah, 8 G.S. Venkateshwar Rao, S/o. Narsimha Rao, 9 Ch. Jayamma, W/o. Narsimha Rao, 10 Ch. Narsimha Rao, S/o. Venkateswar Rao, 11 Sk. Pentamma, W/o. Madar Hussain, 12 Abbas Ali, S/o. Galib, 13 T. Bajaraiah, S/o. Somaiah, 14 Ch. Mataiah, S/o. Pichaiah, 15 Ch. China Ramulu, S/o. Pichaiah, 16 B. Maraiah, S/o. Somaiah, 17 Ch. Venkatappaiah, (died) his LR Anjaiah, S/o. Venkatappaiah, 18 Ch. Latchaiah, S/o. Somaiah, 19 Sk. Bikkam Sahab, (died) his LR Sk. Kareem, S/o. Bikkam Sahab, 20 Sk. Fathima Bee W/o. Lal Mohammed, 21 Sk. Latheef Sahab, S/o. Bada Sahab, 22 K. Saidaiah, S/o. Ramaiah, 23 J. Kotaiah, S/o. Lachaiah, 24 M. Shyam Sunder Redy, S/o. Narsimha Reddy, 25 B. Lachaiah, S/o. Venkaiah, 26 B. Mattaiah, S/o. Kotaiah, 27 J. Mallaiah, S/o. Gamaiah, 28 B. Buchamma, W/o. Rajaiah, 29 S. Lachaiah, S/o. Venkaiah, All are Residents of Vootlapally Village, Miryalaguda Mandal Nalgonda District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Govt. I & CAD Department, Secretariat, Hyderabad. 2 Special Dy. Collector (LA), Nalgonda. 3 Executive Engineer, Roads & Buildings, Miryalaguda, Nalgonda District. 4 Special Collector, SLBC & SRSP, HUDA Complex, Tarnaka, Hyderabad. .....RESPONDENTS 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 Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents in not referring the application of the Petitioner under Section 18 of Land Acquisition Act against the award No. B/876/89 dt. 23-6-1994 passed by the 2nd Respondent and also not tendering the awarded amount as per Land Acquisition Act under the same award to us as totally illegal, without jurisdiction and in violation of Articles 14 and 300-A of Constitution of India and consequently direct the Respondents to refer the matter U/s. 18 of Land Acquisition Act and also direct the Respondents to pay the awarded amount as per Land Acquisition Act under the award No. B/876/89 dated 236.1994 by deducting the amount determined under the Act 32 of 1956 and received under protest and to pass such other order or further orders in the interest of justice. WRIT PETITION No.17534 of 2007 Between: 1 M. Andalamma, W/o. Chandra Reddy, 2 M. Janamma, W/o. Benu, 3 Ch. Asirvadam, S/o. Vajraiah, 4 Ch. Sadanandam, S/o. Vajraiah, 5 Rabart, S/o. Mangaiah, 6 G. Janardhan Reddy, S/o. Ram Reddy, 7 G. Anantha Reddy, S/o. Ram Reddy, 8 G. Bhaskar Reddy, S/o. Ram Reddy, 9 G. Satyanarayana, S/o. Kotaiah, 10 G. Narsaiah, S/o. Mallaiah, 11 Syed Yakub Ali, S/o. Sharifuddin, 12 Ch. Somulu, S/o. Mattaiah, 13 D. Thirumala Reddy, S/o. V.V. Reddy, 14 P. Gurvaiah, S/o. Pichaiah, 15 P. Mallaiah, S/o. Pichaiah, 16 Ch. Laxmamma, D/o. Pichaiah, 17 K. Somulu, S/o. Saidulu, 18 M. Ramulu, S/o. Malliah, 19 G. Mohan Reddy, S/o. Papi Reddy, 20 G. Venkat Reddy (died) his LRs Ch. Srinivas Reddy, S/o. Lokanandan Reddy, 21 G. Someshwar Reddy, S/o. Ram Reddy, 22 Ch. Narsimha Reddy, S/o. Pulla Reddy, 23 N. Narsimha Reddy, S/o. Laxma Reddy, 24 G. Seetharam Reddy, S/o. Ram Reddy, 25 D. Linga Reddy, S/o. Pichi Reddy, 26 K. Pichi Reddy, S/o. Narsimha Reddy, 27 G. Bhaskar Reddy, S/o. Matta Reddy, 28 K. Narsimha Reddy, S/o. Kanakal Reddy, 29 G. Ram Reddy, S/o. V.R. Reddy, All are Residents of Yadgarpally Village, Miryalguda Mandal, Nalgonda District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Govt. I & CAD Department, Secretariat, Hyderabad. 2 Special Dy. Collector (LA), Nalgonda. 3 Executive Engineer, Roads & Buildings, Miryalaguda, Nalgonda Dist. 4 Special Collector, SLBC & SRSP, HUDA Complex, Tarnaka, Hyderabad. .....RESPONDENTS 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 Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the respondents in not referring the application of the Petitioner under Section 18 of Land Acquisition Act against the Award No. 43/94-95 dated 13.9.1994 passed by the 2nd Respondent and also not tendering the awarded amount as per Land Acquisition Act under the same award to us as totally illegal, without jurisdiction and in violation of Articles 14 and 300-A of Constitution of India and consequently direct the Respondents to refer the matter U/s. 18 of Land Acquisition Act and also direct the Respondents to pay the awarded amount as per Land Acquisition Act under the Award No. 43/94-95 dt.13-9-1994 by deducting the amount determined under the act 32 of 1956 and received under protest and to pass such other order or further orders in the interest of justice. WRIT PETITION No.17603 of 2007 Between: 1 Ramavathi Devoji, S/o. Rathiya, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 2 Dhevaraju Hanmantha Rao, S/o. Laxmi Narsimha, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 3 Mudavathi Kesiya, S/o. Laxma, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 4 Vajrapu Vishnu Murthy, S/o. Sathemaiah, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 5 Katti Saidi Reddy, S/o. Matta Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 6 Challa Venkata Reddy, S/o. Koti Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 7 Nunavath Somla, S/o. Paddiya, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 8 Malreddi Shesamma, W/o. Guruvu Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 9 Tutam Saidaiah, S/o. Shivaiah, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 10 Gade Joji Reddy, S/o. Hanimi Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 11 Durgampudi Ram Reddy, S/o. Koti Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 12 Turka Ramulu, S/o. Peda Bichalu, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 13 Turka Laxmiaha, S/o. Pedddodu, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 14 Turka Chinna Bichalu, S/o. Peda Venkaiah, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 15 Turka China Dasu, S/o. Peda Venkaiah, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 16 Challa Seetaram Reddy, S/o.Narsi Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 17 Badigam Narsi Reddy, S/o. Govinda Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. 18 Gade Narasamma, W/o. Malla Reddy, R/o. Veerla Palem Village, Damercherla Mandal, Nalgonda District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Government, I & CAD Department, Secrtariat, Hyderabad. 2 Special Deputy Collector (L.A), Nalgonda. 3 Executive Engineer, Roads & Buildings, Miryalguda, Nalgonda District. 4 Special Collector, SLBC & SRSP, HUDA Complex, Tarnaka, Hyderabad. .....RESPONDENTS 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 Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the action of the Respondents in not referring the application under Section 18 of Land Acquisition Act against the Award No. 25/94-95 dated 19-8-1994 passed by the 2nd respondent and also not tendering the awarded amount as per Land Acquisition Act under the same award to us as totally illegal, without jurisdiction and in violation of Articles 14 and 300- A of the Constitution of India and consequently direct the Respondents to refer the matter U/s. 18 of Land Acquisition Act and also direct the Respondents to pay the awarded amount as per Land Acquisition Act under the award No. 25/94-95 dated 19-8-1994 by deducting the amount determined under the Act 32 of 1956 and received under protest and to pass such other or further orders in the interest of justice. Counsel for the Petitioners: MR.S.LAKSHMA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION GP FOR ROADS & BUILDINGS GP FOR IRRIGATION & CAD The Court made the following: THE HONOURABLE SRI JUSTICE C.V.RAMULU W.P.Nos.13571, 13572, 17482, 17534 and 17603 of 2007 COMMON ORDER: In all these writ petitions, common questions of fact and law arise for consideration and, therefore, they are being disposed of by this common order. It is the case of the petitioners that, for the purpose of formation of CADA Road, their lands were acquired in the year 1992 and awards were passed, determining the compensation amount payable to them as per the Nagarjuna Sagar Project (Acquisition of Lands) Act (for short ‘Act 32 of 1956’). The petitioners, having received the said compensation under protest, filed applications requesting the authorities to refer the matter to Civil Court for adjudication under Section 18 of the Land Acquisition Act, 1894 (for short ‘the L.A. Act’). However, since the compensation was not paid as per the L.A. Act, the petitioners approached this Court by way of filing writ petitions, and this Court, while setting aside the awards, directed the Land Acquisition Officer to pass fresh awards as per the provisions of the L.A. Act, in view of the fact that Act 32 of 1956 was struck down by this Court on the ground of violation of Article 31(A) of the Constitution of India. Pursuant to the dismissal of the writ appeals filed by the respondents against the said orders, the respondents approached the Supreme Court by way of filing Civil Appeals, and the same were allowed, setting aside the orders of this Court and ordering revival of the references under Section 18 of the L.A. Act. Thereafter, the petitioners stated to have made representations requesting the respondents 2 and 4 to refer the matters to Civil Court for adjudication under Section 18 of the L.A. Act, as per the applications submitted by them earlier, but the petitioners complain that no action has been taken by the respondents so far. Learned counsel for the petitioners submits that, since the Act 32 of 1956 is no more in force, respondents are liable to pay the compensation as per the L.A. Act and to refer the matter to Civil Court for adjudication under Section 18 of the L.A. Act, as desired by the petitioners. He further submits that the petitioners have not been paid the compensation amount as per the L.A. Act, to which they are entitled to. In the counter-affidavits filed on behalf of the respondents, it is stated that some of the petitioners have filed applications, seeking reference under Section 18 of the L.A. Act, and their cases will be referred to the Civil Court immediately, whereas some of the petitioners have not filed any applications and, therefore, they are not entitled for reference. In view of the counter-averments, the respondents are directed to refer the cases of the petitioners, who have filed applications in time seeking reference, to the Civil Court for adjudication under Section 18 of the L.A. Act, forthwith, if not already referred. Further, the respondents are directed to take steps for payment of compensation to the petitioners, as determined under the L.A. Act, after deducting the amounts already paid, within a period of six weeks from the date of receipt of a copy of this order. The writ petitions are accordingly disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 23rd April, 2009. IBL