IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 1603 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24/04/2008 in WP NO : 8386 OF 2008 on the file of the High Court.) Between: The Special Grade Deputy Collector and Land Acquisition Officer, APIIC, Visakhapatnam, Camp Office: Kakinada, East Godavari District. ..... APPELLANT AND 1 Arjilli Kodanda @ Kondala Rao, S/o. Appayya, R/o. D.No. 3-79, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 2 Moka Krishna Veni, D/o. late T.Seshamma, R/o.D.No.2-72, Vakalapudi, Kakinada Rural Mandal,East Godavari District. 3 Arjilli Subhadra, W/o. China Appa Rao, R/o.D.NO.2-236, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 4 Arjilli Bangramma, W/o. late Peda Kodanda, R/o.D.NO.3-55, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 5 Vanka Simhadri, S/o. late Sathiyamma, R/o.D.NO.2-224, Suryaraopet, Kakinada Rural Mandal,East Godavari District. 6 Pendkey Satyanarayana, S/o. Talupulu, R/o.D.NO.2-45, Penumarthi,Thammavaram Mandal, East Godavari District. 7 Kaki Purna Savitri, W/o. late satyanarayana, R/o.D.NO.2-128, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 8 Kaki Easwara Rao, S/o. Appala Raju, R/o.D.NO.2-128, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 9 Kaki Satyanarayana, S/o. Appala Raju, R/o.D.NO.2-128, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 10 Penky Bhadram, S/o. Veerraju, R/o.D.NO.2-54, Penumarthi,Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. 11 Vasamsetty Veerayamma, W/o. late Satyanarayana, R/o.D.NO.2-188,Pamugunta, Thammavaram Mandal, Kakinada Rural Mandal,East Godavari District. .....RESPONDENT(S) Counsel for the Appellant:GP FOR LAND ACQUISITION Counsel for the RespondentS: MR.S.SUBBA REDDY The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL No :1603 of 2008 Judgment: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is directed against the order of the learned single Judge made in Writ Petition No. 8386 of 2008, dated 24.4.2008. The respondents herein are the writ petitioners. Challenging the action of the authorities in not considering their applications dated 28.12.1999 made under Section 28-A of Land Acquisition Act, 1894 (for short ‘the Act’) pertaining to the lands acquired under Award No.3 of 1991, dated 30.4.1991, in terms of O.P. No. 23 of 1991, dated 28.12.1999, they filed the aforementioned writ petition. The respondents-writ petitioners, claimed to be the owners of various extents of lands comprised in various survey numbers situated in Thammavaram Village of Kakinada Rural Mandal, East Godavari District. They allege that their lands were acquired by the Government under the provisions of the Act for the purpose of establishing Pilletisition and Sponge Iron Plants for Essar Gujarat Limited. Subsequently, the authorities passed an Award on 30.4.1991 fixing the compensation amount. Being dissatisfied with the compensation awarded by the Land Acquisition Officer, some of the claimants whose lands were acquired along with the petitioners seemed to have filed a reference under Section 18 of the Act before the Principal Senior Civil Judge’s Court, Kakinada, being O.P. No.23 of 1992, and through order dated 30.9.1999, the Reference Court enhanced the compensation amount. Having come to know of this, the respondents-writ petitioners seemed to have filed an application before the concerned authorities under Section 28-A of the Act seeking to extend the benefits of the judgment and decree, dated 30.9.1989, passed in O.P. No. 23 of 1992. However, when the authorities failed to take any action on the said application, the respondents-writ petitioners filed Writ Petition No. 8386 of 2008, impugned in this writ appeal before this Court. By order dated 24.4.2008, a learned single Judge of this Court allowed the said writ petition with a direction to consider the application of the writ petitioners dated 28.12.1999, filed for enhancement of compensation amount in respect of the lands acquired from them on par with other similarly situated claimants and pay the enhanced compensation amount within a period of eight weeks. Aggrieved by the said order, the Special Deputy Collector and Land Acquisition Officer, APIIC , Visakhapatnam filed the present writ appeal. Learned Government Pleader for Land Acquisition appearing on behalf of the department, would contend that the respondents-writ petitioners have not filed any application before the authorities under Section 28-A of the Act and the learned single judge, without taking that fact into consideration, erroneously disposed of the writ petition. He would further contend that the learned single Judge did not afford any opportunity to the department to file its counter affidavit before passing the impugned order so as to enable it to controvert the allegations made by the writ petitioners. He, therefore, submits that the writ appeal deserves to be allowed and the impugned order be set aside. On the other hand, Sri S. Subba Reddy, learned counsel for the respondents-writ petitioners supported the impugned order stating that the impugned order was passed on the basis of an order passed by the Civil Court in O.P. No. 23 of 1992, dated 30.9.1999 in respect of the lands which were acquired under the very same notification. He, therefore, submits that the impugned order does not require any interference. Admittedly, the learned single Judge, by the impugned order, allowed the writ petition at the admission stage itself without affording any opportunity to the department to file its counter. Since the department is disputing the very factum of filing of application by the writ petitioners under Section 28-A of the Act, a detailed counter is required to be filed by the Special Grade Deputy Collector in the writ petition. In the circumstances, we feel it appropriate to remand the matter back to the learned single Judge for fresh adjudication. The writ appeal is accordingly allowed and the impugned order, dated 24.4.2008 in W.P. No. 8386 of 2008 is set aside. The writ petition be listed for hearing before the learned single Judge. However, three weeks time is granted to the learned Government Pleader for Land Acquisition to file counter in the writ petition. On such counter being filed, the learned single Judge shall decide the matter afresh in accordance with law. The writ appeal is accordingly allowed. No costs. ___________________ T. MEENA KUMARI,J DATE: 2nd March, 2009 __________________________ C.V.NAGARJUNA REDDY,J pnb