IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3424 of 2008 Between: 1 Mallu Penchal Reddy, S/o. Venkatrami Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 2 Mallu Ramanamma, Wife and Legal Representative of Mallu Lakshmi Narasa Reddy, S/o. Narasa Reddy Residing at Kaluvoya Village and Mandal, Nellore District. 3 Smt. Mallu Ramulamma, Wife and Legal Representative Mallu Nagireddy, S/o. Narasa Reddy, Representing himself and Legal representative of deceased Lanka Ademmma, W/o. Mallaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 4 Mallu Penchal Reddy, S/o. Narasa Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 5 Mallu Venkata Reddy, S/o. Venkatrami Reddy, Representing himself and legal representative of deceased Mallu Venkat Reddy, S/o. Ramaiah,Residing at Kaluvoya Village and Mandal, Nellore District. 6 Chinthamreddi Subbamma, S/o. Penchalaiah, Representing himself and legal representative of deceased Chinthamreddy Penchalaiah, S/o. Narayana, Residing at Kaluvoya Village and Mandal, Nellore District. 7 Nutheti Penchalaiah, Son and Legal Representative of Nutheti Bandaiah, S/o. Ramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 8 Budigi Subbamma, W/o. Pedda Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 9 Kopparapu Subrahmanyam, S/o. Subbaramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 10 Somisetty Venkata Sunil Kumar, Grand Son and Legal Representative of Somisetty Balaiah, S/o. Bala Seshaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 11 Vonteru Narayana, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 12 Vonteru Kondaiah, S/o. Pedda Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 13 Vonteru Rosaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 14 Smt. Vonteru Yanadamma, Wife and Legal Representative of Vonteru Yanadaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 15 Vonteru Chinnabbaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 16 Vonteru Yerikalaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 17 Nizomani Chinnaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 18 Chintham Reddy Penchal Reddy, S/o. Naraiah, Residing at Kaluvoya Village and Mandal, Nellore District. 19 Budigi Lakshumma, Wife and Legal Representative of Budigi Yanadaiah, S/o. Pedda Rosaiah Residing at Kaluvoya Village and Mandal, Nellore District. 20 Jammana Thirupal Reddy, S/o. Venkataiah, Representing himself and Legal representative of deceased Smt. Mallu Kondamma, W/o. Venktaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 21 Mallu Ramalakshumma, Wife and Legal Representative of Mallu Narasimha Reddy, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 22 Rapuri Penchalaiah, S/o. Konda Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 23 Mallu Masthan Reddy, Son and legal Representative of Mallu Narasimhulu (Basireddigari), S/o. Nagaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 24 Sannapureddy Jayamma, Wife and legal Representative of S. Narasimha Reddy, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 25 Paarlapalli Subbamma, Wife and Legal Representative of Pitchi Reddy LR & D/o. Mallu Ramakrishnaiah (Died), Residing at Kaluvoya Village and Mandal, Nellore District. 26 Batthalapalle Adilakshumma, W/o. Chinna Ramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 27 Batthalapalle Venkata Subbamma, W/o. Venkata Ramana, Residing at Kaluvoya Village and Mandal, Nellore District. 28 Uppalapati Nagamma, Wife and legal Representative of Uppalapati Narasimhulu, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 29 Nutheti Penchalaiah, Wife and Legal Representative of Nutheti Narasimhulu, S/o. Ramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 30 Mallu Chinnapa Reddy, Son and legal Representative of Mallu Penchal Reddy, S/o. Venkatramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 31 Mallu Narasimha Reddy, S/o. Venkataramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 32 Dasari Peddaiah, S/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 33 Boyyalla Gangaiah, S/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 34 Boyella Santemma, Daughter and Legal Representative of Boyalla Guravaiah (Alias) Peesaiah, S/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 35 Boyalla Yarra Guravaiah, S/o. Yerra Guruavaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 36 Nizamani Yanadaiah, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 37 Dasari Venkataiah, S/o. Venkataiah (Alias Muthyalaiah), Residing at Kaluvoya Village and Mandal, Nellore District. 38 Dasari Adi Lakshumma, Wife and Legal Representative of Dasari Venkataiah (Alias Thellaiah), S/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 39 Dasari Pedda Chinnaiah, S/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 40 Dasari Penchalamma, W/o. Chinna Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 41 Boyalla Guravaiah, S/o. Jangamaiah (1 Palmyrah), Residing at Kaluvoya Village and Mandal, Nellore District. 42 Boyalla Narasamma, W/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 43 Chilamkuri Chinnamma, S/o. Yanadaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 44 Dasari Peddaiah, Son and legal Representative of Dasari Guravaiah, S/o. Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 45 Chilamkuri Kondaiah, W/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 46 Boyalla Pitchamma, W/o. Chinna Guragaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 47 Kodikuthala Bala Kondaiah, S/o. Bala Obaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 48 Chilamkuri Chinna Yanadaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 49 Chilamkuri Chinna Yanadaiah, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 50 Dasari Chinnaiah, S/o. Polaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 51 Chilamkuri Yerikalaiah, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 52 Narike Chinnaiah, S/o. Narike Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 53 Dasari Chinna Venkataiah, S/o. Chinna Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 54 Narike Penchalaiah, S/o. Penchalaiah (Chinna), Residing at Kaluvoya Village and Mandal, Nellore District. 55 Narike Peddaiah, Son and legal Representative of Narike Narasaiah, S/o. Pedda Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 56 Dasari Chinnaiah, S/o. Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 57 Syed Nanne Saheb Alias Babee Saheb, S/o. Hussanaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 58 Somisetty Lakshumma, Wife and legal Representative of Somisetty Lakshumaiah, S/o. Pedda Seshaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 59 Somisetty Venkata Subbaiah, Son and Legal Representative of Somisetty Lakshumma, W/o. Subbaiah Residing at Kaluvoya Village and Mandal, Nellore District. 60 Somisetty Subba Rao, S/o. Subbarayudu, Representing himself and legal representative of deceased Smt. Somisetty Chenchamma, W/o. Venkata Ramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 61 Somisetty Ramaiah, Son and Legal Representative of Somisetty Rangamma, (Died), W/o. Dharmaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 62 Somisetty Ramanaiah, Son-in-law and Legal Representative of Somisetty Sreeramulu, S/o. Chinna Seshaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 63 Somisetty Nageswara Rao, S/o. Subbarayudu, Residing at Kaluvoya Village and Mandal, Nellore District. 64 Goda Venkata Siva Reddy, Son and legal Representative of Goda Somi Reddy, S/o. Chinna Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 65 Yambaluru Narrayanamma, Daughter and Legal Representative of Thummala Penta Subbarayudu, Reddy, S/o. Venkata Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 66 Molaka Obaiah, S/o. Narsaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 67 Kola Yanadaiah, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 68 Dasari Guravaiah, S/o. Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 69 Somisetty Murali Krishna, Son and legal Representative of Somisetty Venkata Subbaiah, S/o. Papaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 70 Chiripireddy Subbalakshumma, Wife and legal Representative of Adinarayana Reddy, S/o. Vemul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 71 Chiripireddy Chinna Adinarayana Reddy, S/o. Pedda Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 72 Chiripireddy Kesavul Reddy, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 73 Chiripireddy Narayana Reddy, S/o. Chinna Narasaiah, Representing himself and Legal Representative deceased Chiripireddy Narayana Reddy, S/o. Vemul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 74 Sannapureddy Konda Reddy, S/o. Bala Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 75 Chiripireddy Bhaskar Reddy, S/o. Kesavul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 76 Pesala Adinarayana, Son and Legal Representative of Pesala Vemakka, W/o. Nagaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 77 Pesala Atchemma, Wife and legal Representative of Pesala Rosaiah @ Santaiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 78 Pesala Naga Subba Reddy, Son and legal Representative of Pesala Nagaiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 79 Iragamreddy Sesha Reddy, S/o. Subba Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 80 Mummadi Seshi Reddy, Son and Legal Representative of Mummadi Gangi Reddy, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 81 Paturu Konda Reddy, S/o. Pedda Ramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 82 Vadlaputi Krishnanaiah, S/o. Gangi Setty Residing at Kaluvoya Village and Mandal, Nellore District. ..... PETITIONER(S) AND 1 The Special Collector, Galeru Nagari Srujala Sravanthi, Kadapa, Kadapa District. 2 The Special Deputy Collector (L.A.), Somasila Project Unit- IV, Rajampeta, Kadapa District-cum-The Land Acquisition Officer. 3 Sri Ch. Mohan Rao, The Special Collector, Galeru Nagari Srujala Sravanthi, Kadapa, Kadapa District. 4 Sri N. Eswaraiah, The Special Collector (L.A.), Somasila Project Unit-IV, Rajampeta, Kadapa District-Cum-The Land Acquisition Officer. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ,order or direction more particularly one in the nature of writ of Mandamus under article 226 of the constitution of India declaring the orders passed by the 2nd respondent in his proceedings dt.24-01-2008 under section 28-A of the Land Acquisition Act re-determining the compensation awarded to agricultural lands of the petitioners in an arbitrary manner without reference to the award dt.27-09-1988 in L.A.O.P.Nos. 218/82 and Batch on the file of the Senior Civil Judge, Kadapa and the further action of the respondents in coercing the petitioners to receive the compensation in terms of the impugned proceedings after giving up their claims in terms of the award of the Civil Court, set aside the said order and direct the respondents 1 and 2 to re-determine the compensation payable to the petitioners under Section 28-A of the Land Acquisition Act strictly in accordance with the order dated 27.09.1988 in L.A.O.P.Nos. 218/82 and Batch on the file of the Senior Civil Judge, Kadapa in respect of the respective categories of the lands of the petitioners acquired under the same notification and pay the compensation there for with all statutory benefits. Counsel for the Petitioners:MR.P.SRIDHAR REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 3424 of 2008 O R D E R: It appears, the lands of the petitioners and others were acquired by invoking the proceedings under the Land Acquisition Act, 1894 (for short, ‘the Act’) and issuing Notification under Section 4 of the Act on 3.4.1997. Awards were passed and compensation was paid. However, some of the claimants sought reference and the matter was referred to the competent civil Court under Section 18 of the Act in L.A.O.P. No. 218 of 1982 on the file of the learned Senior Civil Judge, Kadapa and the judgment and the decree was passed on 27.9.1988. Insofar as this writ petition is concerned, Category Nos. 2 to 5 of the lands in the Award are relevant. According to the learned counsel for the petitioners, the L.A.O. awarded Rs.1,000/-, Rs.2,000/-, Rs.4,600/- and Rs.6,000/- per acre respectively for Category Nos. 2 to 5 lands. The civil Court enhanced the compensation to Rs.11,000/- per acre for categories 2 to 4 and Rs.18,000/- per acre for category No.5. According to the petitioners, their lands fall into these three categories. When compensation was not paid as required under Section 28-A of the Act on the application made by the petitioners, they approached this Court and filed W.P. No. 12996 of 2004 and the said writ petition was disposed of on 5.10.2004 directing the L.A.O. to dispose of the application under Section 28-A of the Act, but even that was not done. Then the petitioners had to file C.C. 550 of 2007 before this Court. However, after filing the contempt case, the respondents have taken up the matter and decided to pay the compensation by enhancing 90% on the amount awarded by the L.A.O. in the Award without reference to the order of the civil Court. Aggrieved by the same, the petitioners filed the present writ petition. There is no necessity of going into all the details. The very impugned order stares at the respondents and ex facie illegal. The petitioners are entitled for the entire enhanced compensation as decided by the civil Court against Category Nos. 2 to 5 of the lands, on par with the claimants in L.A.O.P. No. 218 of 1982. Therefore, fixing the compensation by only enhancing 90% on the amount awarded by the Land Acquisition Officer in the Award without reference to the order of the civil Court is arbitrary, illegal and requires to be deprecated. The Land Acquisition Officer is obligated under Section 28-A of the Act to implement the orders of the civil Court, as required under the law and he cannot import his own whims and fancies in fixing the enhanced compensation and limiting it to only 90% of the amount awarded by the L.A.O. Under those circumstances, the respondents are directed to pay the compensation against the lands held by the petitioners, namely, Category Nos.2 to 5 of the lands, as decided by the civil Court in L.A.O.P. No. 218 of 1982 dated 27.9.1988 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this Order. Since the matter was already decided by this Court in W.P. No. 12996 of 2004 and was subject matter of contempt case, if this order is not implemented within the above stipulated time, the matter would be viewed seriously and suo motu contempt case will be taken up by this Court. The writ petition is accordingly allowed. No order as to costs. C.V. RAMULU, J. Date: 18-3-2009. MVB.