HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27549 of 2009 Dated: 25-01-2010 Between: Mallikarjun. … Petitioner And Government of Andhra Pradesh, rep. by its Secretary, Revenue Department & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.27549 of 2009 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in not extending the benefit of enhancement of compensation as ordered by this Court in A.S.No.3397 of 1992 and batch, dated 19th August 1996, as illegal and arbitrary. 2. The land of the petitioner, covered by Survey Nos.34/A, 41/AA, 42/A, 43/AA, 48/A, 255/U and 256/A, totally admeasuring Ac.18.30 gts., situated at Indoor village of Raikote Mandal, Medak District, was notified for acquisition, under two notifications, as early as in the year 1982. It is stated that the Land Acquisition Officer has passed an award, fixing the compensation at the rate of Rs.3,500/- per acre for dry B.C. lands and Rs.5,500/- per acre for wet lands, by his Award, dated 12.05.1986. Aggrieved by the quantum of compensation fixed by the Land Acquisition Officer, the petitioner sought for reference under Section 18 of the Land Acquisition Act. Accordingly, reference was ordered and the same was tried in O.P.No.162 of 1991 on the file of the learned District Judge, Medak at Sangareddy. The said O.P. was disposed of on 03.04.1997, by enhancing the compensation for B.C. dry lands to Rs.12,000/- per acre and Rs.13,000/- per acre for wet lands, in addition to Statutory benefits. 3. In this writ petition, it is the case of the petitioner that some of the land owners, whose lands were similarly acquired, carried the matters by way of further appeals to this Court in A.S.No.3397 of 1992 and batch, and the same were disposed of by an Award, dated 19th of August 1996, fixing the compensation at the rate of Rs.16,500/- per acre, which is wrongly mentioned as Rs.20,000/- in the affidavit filed in support of the writ petition. In view of the judgment of this Court in A.S.No.3397 of 1992 and batch, the petitioner got issued a legal notice, dated 28th September 2008, to the respondents, claiming higher compensation, basing on the said judgment. It is submitted that the Commissioner of Land Administration, by his orders, dated 28th of January 2009, issued in CCLA.No.S2/514/2008, directed the Special Deputy Collector, Land Acquisition, Singoor Project, to take appropriate action in the matter, but inspite of the same, no action is being taken. 4. So far as the land of the petitioner is concerned, Award is already passed by the Land Acquisition Officer. Even the reference Court considered the request for enhancement and disposed of the matters in O.P.No.162 of 1991 and batch, by enhancing the compensation to Rs.12,000/- per acre for dry B.C. lands and Rs.13,000/- per acre to wet lands. It is not in dispute that the judgment of the reference Court has become final. Once the petitioner has already availed the benefit of reference under Section 18 of the Land Acquisition Act, he is not entitled to seek for any enhancement in compensation, based on the provision under Section 28-A of the Land Acquisition Act. In any event, it is also to be noticed that even this Court has disposed of the First Appeals as early as on 19th of August 1996 in A.S.No.3397 of 1992 and batch, and at no point of time, he has taken any steps for enhancement of compensation. Nearly after 12 years, basing on the Memo issued by the Chief Commissioner of Land Administration, petitioner seeks the relief of enhancement in compensation. Even the judgment, which is sought to be relied upon by the learned counsel for petitioner in the case of State of Orissa Vs. Chitrasen[1], also would not render any assistance having regard to the facts of this case. For the aforesaid reasons, the claim of the petitioner is absolutely without any basis. 5. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 25th January 2010 ajr [1] 2009 SAR (Civil) 985