IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.Nos.12329, 12959 & 13205 of 2008 WRIT PETITION NO : 12329 of 2008 Between: Garudaiahgari Rajagopal Reddy So. Narayana Reddy R/o. Pulivendala, Kadapa District. ..... PETITIONER AND 1 The Special Deputy Collector for Land Acquisition GNSS (Galerunagari Sujala Sravanthi Projct) Muddanuru Village, Kadapa District. 2 The Special Collector, Galerunagari Sujala Sravanthi Project, Kadapa District. 3 Buttaiahgari Rosi Reddy S/o. Pedda Chenna Reddy Korrapadu Village, Maddanuru Village, Kadapa District. .....RESPONDENTS 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 appropriate writ or order or direction mostly one which is in the nature of writ of Mandamus declaring the inaction of the respondents in considering the objections of the petitioners with regard to the payment of compensation for the house K-59 of Korrapadu Village, Muddanuru Mandal, Kadapa District in the enquiry under section 11 of the Land Acquisition Act in not permitting the petitioner to participate in the enquiry under section 11 of the Land Acquisition Act as illegal, irregular, arbitrary violative of the provisions of the of the Land Acquisition Act 1984 unjust and unsustainable and direct the respondents to forthwith permit the petitioner to participate in such enquiry and consider all his objections and consequently pay the compensation to the petitioner with respect to the above said house and pass such other order or orders as it may deem fit. WRIT PETITION NO : 12959 of 2008 Between: 1 Gurram Venkateshu S/o. Gurram Konaiah R/o. Dattapuram Village, Presently R/o. Lakshmamma Chenu Street Jammalamadugu , Kadapa District. 2 Gurram Anjaneyulu S/o. Gurram Konaiah R/o. Dattapuram Village, Presently R/o. Lakshmamma Chenu Street Jammalamadugu , Kadapa District. 3 Gurram Lakshmaiah S/o. Gurram Konaiah R/o. Dattapuram Village, Presently R/o. Lakshmamma Chenu Street Jammalamadugu , Kadapa District. .... PETITIONERS AND 1 The Special Deputy Collector for Land Acquisition, GNSS (Galerunagari Sujala Sravanthi Project) Muddanuru Village, Kadapa District. 2 The Special Collector, Galerunagari Sujala Sravanthi Project, Kadapa District. 3 Gurram Krishnaiah S/. G. Pedda Kondaiah Kondapuram Mandal, Kadapa District. 4 Gurram Srinivasulu S/o. Venkata Narayana Kondapuram Mandal, Kadapa District. .....RESPONDENTS 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 appropriate writ or order or direction mostly one which is in the nature of writ of Mandamus declaring the inaction of the respondents in considering the objections of the petitioner with regard to the payment of compensation for the property bearing D.Nio. 460 and D.No. 461 Dattapuram Village, Kondapuram Mandal, Kadapa District, and in not permitting the petitioners to participate in the enquiry under Section 11 of the Land Acquisition Act in pursuance of proceedings Ref. No. GNSS/C/442/2007 dt. 30-5-2007 and 31-5-2007 published in daily newspaper of Andhra Bhoomi dt. 6-6-2007 Under Section 4(1) Notification as illegal, irregular, arbitrary, violative of the provisions of the Land Acquisition Act 1984 unjust and unsustainable and direct the respondents to forthwith permit the petitioner to participate in such enquiry and consider all his objections and consequently pay the compensation to the petitioner with respect to the above said houses. WRIT PETITION NO : 13205 of 2008 Between: Ganjikunta Chinna Kondaiah, S/o. Thirumalappa R/o. Dattapuram Village, R/o. Lakshmamma Chenu Street, Jammalamadugu, Kadapa District. ..... PETITIONER AND 1 The Special Deputy Collector for Land Acquisition, GNSS (Galerunagari Sujala Sravanthi Project) Muddanuru Village, Kadapa District. 2 The Special Collector, Galerunagari Sujala Sravanthi Project, Kadapa District. 3 Ganjikunta Venkatesh S/o. Pedda Kondaiah R/o. Dattapuram Village, Kondapuram Mandal, Kadapa District. 4 Ganjikunta Venkataiah S/o. Venateshu R/o. Dattapuram Village, Kondapuram Mandal, Kadapa District. 5 Ganjikunta Thirumaladasu S/o. Venateshu R/o. Dattapuram Village, Kondapuram Mandal, Kadapa District. .....RESPONDENTS 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 appropriate writ, order or direction mostly one which is in the nature of writ of mandamus declaring the inaction of the respondents in considering the objections of the petitioners with regard to the payment of compensation for the property bearing Door No.479 and 480 of Dattapuram Village, H/o. Bukkapatnam Village, Kondapuram Mandal, Kadapa District, and in not permitting the petitioners to participate in the enquiry under section 11 of the Land Acquisition Act in pursuance of proceedings Ref. No.GNSS/C/442/2007 dated 30.05.2007 and 31.05.2007 published in daily newspaper of Andhra Bhoomi dated 06.06.2007 under section 4(1) Notification as illegal, irregular, arbitrary, violative of the provisions of the Land Acquisition Act, 1984, unjust and unsustainable and direct the respondents to forthwith permit the petitioner to participate in such enquiry and consider all his objections and consequently pay the compensation to the petitioner with respect to the above said houses Counsel for the Petitioner: MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : COMMON ORDER: Since these three writ petitions are filed by the petitioners questioning the action of the respondents in not considering their objections with regard to payment of compensation for the properties acquired and not permitting them to participate in the enquiry under Section 11 of the Land Acquisition Act pursuant to the proceedings dated 30.5.2007 and 31.5.2007 published in daily news paper Andhra Bhoomi dated 6.6.2007, they are heard together and are being disposed of by this common order. The petitioners claim that they are the owners of the properties in question, which were acquired by the respondents for the purpose of Galeru Nagiri Sujala Sravanthi Project for construction of Gandikota Reservoir. A notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was also published in Andhra Bhoomi daily newspaper on 6.6.2007. However, in view of the urgency, the enquiry under Section 5-A of the Act was dispensed with by invoking the powers under Section 17(4) of the Act. The case of the petitioners is that even though, they are the owners of the properties in question, the authorities have wrongly shown the names of the unofficial respondents herein as owners of the said properties and the same was published in the news paper. The said mistake continued even in the declaration published under Section 6 of the Act. Immediately after coming to know the said mistake, they issued a legal notice to all the respondents narrating their title and possession to the said properties and that they alone are entitled for the compensation in respect of the said properties. The grievance of the petitioners is that having come to know the said facts and after receiving the legal notices also, the 1st respondent has not permitted them to participate in the award enquiry proceedings as contemplated under Section 11 of the Act. Hence this writ petition. Heard the learned counsel for the petitioners, the learned Government Pleader for Land Acquisition and the learned counsel for the unofficial respondents. The learned Government Pleader as well as Sri K.Sitaram, learned counsel appearing for the unofficial respondents submit that they have no objection if the petitioners are permitted to participate in the award enquiry to substantiate their claims in regard to the properties in question and, therefore, instead of deciding the matter on merits, to avoid delay, the petitioners may be permitted to participate in the award enquiry. In the circumstances, the writ petitions are disposed of directing the official respondents to permit the petitioners also to participate in the award enquiry and consider the material placed before them and pass appropriate orders in accordance with law. N.V.RAMANA,J DT.15.6.2009 msv