THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.28227 OF 2008 BETWEEN: 1. Parankusham Krishna Murthy, and another. PETITIONERS And 1. The Land Acquisition Officer-cum-Special Deputy Collector, Land Acquisition, Indira Sagar Project, Bhadrachalam Unit, Bhadrachalam, Khammam District, and others. RESPONDENTS Counsel for the petitioner: Sri M. Srinivasa Rao Counsel for the respondents 1 and 2: G.P. for L.A. Counsel for the respondents 3 to 5: Sri G. Praveen Kumar. The Court made the following. ORDER: The petitioners and respondents 3 to 5 are brothers and sisters. The petitioners claim that the lands in Sy.Nos.59/1/1A, 59/1/1/AA, 59/1/1/E, 59/6, 67/1/A, 67/1/AA, 67/1/E, 67/3/A, 67/3/AA and 67/3/E situated in Kuyyugur Village, Chinthur Mandal, Khammam District admeasuring a total extent of 13.27 cents are joint family properties. The said land was acquired in pursuance of a draft notification dated 18.12.2008 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’). The grievance of the petitioners as presented in the writ petition is that they, being the members of the joint family, are also entitled to a share in addition to respondents 3 to 5. However, their names have not been shown in the draft notification. On this premise, apprehending that they would be deprived of their share, the petitioners issued a legal notice dated 23.12.2008 to the Land Acquisition Officer. They also filed their objections on 29.12.2008 immediately after issuing the said legal notice. As the 1st respondent was not inclined to consider the said objections, apprehending that the entire compensation amount would be disbursed to the respondents 3 to 5, the petitioners have filed this writ petition seeking reference of the dispute under Section 30 of the Act to the Civil Court. Heard Sri M. Srinivasa Rao, learned counsel for the petitioners, learned Government Pleader for respondents 1 and 2, and Sri G. Praveen Kumar learned counsel for respondents 3 to 5. The learned counsel for the respondents 3 to 5 would submit that the writ petition itself is premature as the Land Acquisition Officer has not even commenced the award proceedings and at the time when the legal notice dated 23.12.2008 was issued even a declaration under Section 6 of the Act was not issued. Therefore, the Land Acquisition Officer could not have taken the objection into consideration at that point of time. From the rival contentions, it is evident that the notification under Section 4(1) of the Act was issued on 18.12.2008 and the objections were filed on 29.12.2008, i.e., immediately after issuing legal notice dated 23.12.2008. It can therefore be inferred that the matter did not even reach the stage of declaration under Section 6 of the Act or the stage of award proceedings under Sections 9 and 10 of the Act. That being so, there was no obligation for the 1st respondent to consider the legal notice of the petitioners dated 23.12.2008 or the objections said to have been filed on 29.12.2008. Be that as it may, once the award proceedings are commenced any person claiming a right for compensation can always submit their objections and if once the objections are submitted, it is obligatory on the part of the Land Acquisition Officer to consider the same and pass appropriate orders in accordance with law. In this view of the matter, if the petitioners file any objections it would be obligatory for the 1st respondent to consider the said objections and if he is satisfied, he has to make reference under Section 30 of the Act to the competent Civil Court. In view of the above, this writ petition is disposed of permitting the petitioners to file their objections before the 1st respondent whenever the award proceedings are commenced and on filing of such objections, the 1st respondent is directed to consider the same and pass appropriate orders in accordance with law. Until the award proceedings are completed, the compensation amount payable in respect of the subject land shall not be disbursed to any one including the petitioners and respondents 3 to 5. There shall be no order as to costs. ________________ NOUSHAD ALI, J. 1st February, 2011 Js. Note: Issue C.C. in one week.