THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.20231 of 2002 ORDER: The petitioners are the owners of small bits of land in various survey numbers of Maddelcheru, Bandapalli and Wajidnagar villages of Pitlam and Bichkunda Mandals, Nizamabad District. A road was laid across those lands by the R & B department, from Banswada to Bichkunda, around 1992. The petitioners state that neither their consent was obtained, nor any proceedings were initiated under the Land Acquisition Act, 1894 (for short ‘the Act’), while utilizing their land for laying the road. Some individuals, who were similarly situated as the petitioners, filed W.P.No.3080 of 1998 with a prayer to direct the respondents to initiate the proceedings under the Act. The writ petition was disposed of on 09.02.1998, directing the respondents herein to initiate steps under the Act and pay compensation, to the affected persons. It is stated that in pursuance of the directions, proceedings were initiated and the petitioners therein were paid compensation. The petitioners seek similar relief. On behalf of respondents, a counter-affidavit is filed. An objection is raised as to the maintainability of the writ petition, on the ground of delay and latches. According to the respondents, the petitioners cannot claim compensation at this length of time. Heard Sri V.Ravi Kiran Rao, learned counsel for the petitioners, and learned Government Pleader for Roads and Buildings. The respondents do not dispute that the small bits of land owned by the petitioners were utilized for laying the road. It is a matter of record that the owners of the land in different villages, felt aggrieved due to formation of the said road; have approached this Court by filing W.P. and that in pursuance of the directions issued therein, an award was passed. Learned counsel for the petitioners has placed before this Court, a copy of award No.42 of 2002 dated 01.07.2002 passed by the Land Acquisition Officer and Sub-Collector Bodhan. The award covered bits of land in Maddelcheru, Bandapalli and Wajidnagar villages of Pitlam and Bichkunda Mandals, Nizamabad District. In page 7 of the award, the Land Acquisition Officer made the following observation: “The lands coming under acquisition is for formation of road at Bandaranjal and Gundenamli villages of Bichkunda Mandal where a road has been formed already and laid B.T. road all vehicles including Buses, are plying on the road. The road has been inspected by me along with Mandal Revenue Officer, Mandal Surveyor and VAOs concerned. Mainly the paddy, dry crops, chillies, vegetables were being raised in the land coming under acquisition.” The petitioners stand on the same footing, as petitioners in W.P.No.3080 of 1998. It is no doubt true that there was delay on the part of the petitioners in approaching this Court. Had this Writ Petition been a solitary instance, considerations would have been different altogether. Four years before petitioners approached this Court, W.P.No.3080 of 1998 came to be filed. Being villagers, and not conscious of their legal rights, the petitioners are no doubt late by four years in approaching this Court. That cannot be a factor to deny the relief to the petitioners altogether. A descent balance can be struck by directing that the petitioners shall be entitled to be paid the benefit such as interest and additional compensation only up to 01.07.2002, as was done in the case of petitioners in W.P.No.3080 of 1998. Hence, the Writ Petition is allowed and the respondents are directed to initiate and conclude the proceedings under the Land Acquisition Act within a period of six months from today. The respondents shall extend the same package, however, by determining the market value depending on the location and importance of the land and the petitioners shall not be entitled for any interest and other component beyond 01.07.2002. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.12.04.2010. GJ