IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8251 of 2007 Between: 1 Matli Chinna Venkata Subba Reddy, s/o Chinnapa Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 2 Muram Reddy Venkata Subbamma, w/o Narapa Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 3 Matli Ramana Reddy, s/o Rosi Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 4 Matli Subbarayudu, s/o Subba Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 5 Matli Venkata Reddy, s/o Rosi Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 6 Matli Krishna Reddy, s/o Chinnapa Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 7 Yerru Subbamma, w/o Venkata Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 8 Kaluvai Ramanaiah, s/o Yellaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 9 Muram Reddy Raghava Reddy, s/o Raghava Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 10 Amadakayala Peddaiah, s/o Penchalaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 11 Solleti Venkataramana, s/o Balaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 12 Sannapureddy Rami Reddy, s/o Penchal Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 13 Sannapureddy Ankamma, w/o Konda Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 14 Peddireddy Gari Rajamma, w/o Uddiboyina Bali Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 15 Malti Lakshumma, w/o Chinnapa Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 16 Malti Venkata Subba Reddy, s/o Rosi Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 17 Yerru Venkata Reddy, s/o Subbaramaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 18 Chintamreddy Adi Lakshumma, w/o Subba Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 19 Bathala Lakshumma, w/o late Venkata Subbaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 20 Sonta Chinna Kondareddy, s/o Chinna Konda Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 21 Uribindi Rosi Reddy, s/o Subba Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 22 Bestavemula Venkataramanaiah, s/o Venkata Subbaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 23 Boggarapu Balaji, s/o Radhakrishnaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 24 Bestavemula Venkata Subbaiah, s/o Subbaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 25 Pallepati Lakshumma, w/o Somaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 26 Pallepati Narasimhulu, s/o Somaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 27 Devi Reddy Eswara Reddy, s/o Venkata Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 28 Vallela Kondamma, w/o Pitchi Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 29 Singal Reddy Ramalakshumma, d/o late Mannem Subbamma, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 30 Male Sambasiva Reddy, s/o Pedda Konda Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 31 Singala Reddy Ramalakshumma, w/o Buchireddy @ Bujji Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 32 Moramreddy Lakshmi Reddy, s/o Venkata Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 33 Avula Nagaiah, s/o Chinna Sheshaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 34 Ankala Chinnakka, w/o Pedda Kondaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 35 Avula Chinna Subbaiah, s/o Sheshaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 36 Ankala Pedda Kondaiah, s/o Pedamallem Kondaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 37 Gogula Nagaiah, s/o Pedda Subbaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 38 Kuchipati Kondaiah, s/o Kondaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 39 Yerragolla Veeramma, w/o Krishnaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 40 Uribindi Subbamma, w/o Narasaiah @ Narasa Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 41 Singai Reddy Krishna Reddy, s/o Bujji Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 42 Gattupalli Mallem Kondaiah, s/o Bujji Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 43 Matli Krishna Kumari, w/o Venkat Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 44 Ankala Subbamma, w/o Ramaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 45 Dabbakoti Yengamma, w/o late Polaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 46 Ankala Pedda Kondaiah, s/o Mallem Kondaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 47 Sannapu Reddy Ankamma, w/o Konda Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 48 Gurrampadi Ramana Reddy, s/o Vengal Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 49 Singamala Konda Reddy, s/o Konda Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 50 Singamala Mallem Konda Reddy, s/o Konda Reddy, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 51 Gangula Chandra Mohan s/o Venkatapathi, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 52 Singasani Vijaya kumar, s/o Parandhamaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 53 Gangula Ramana, s/o Ramana, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 54 Gangula Chinna Venkata Ramaiah, s/o Pedda Kesaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 55 Gangula Pedda Kesaiah, s/o Venkatapathi, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 56 Gangula Venkataramaiah, s/o Peddakesaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 57 Gangula Narasimhulu, s/o Ramaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 58 Singasani Guru Mohan, s/o Parandhamaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 59 Mallu Sankaraiah, s/o Chinnaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 60 Varapalli Penchalaiah, s/o Narasaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 61 Arava Penchalaiah, s/o Penchalaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 62 Chalamala Narasamma, w/o Venkataiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 63 Dasari Achamma, w/o Dasaraiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 64 Dasari Chinnaiah, s/o Pottaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 65 Dasari Chinnaiah, s/o Dasari Penchalaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 66 Varapalli Yanadaiah, s/o Thirupalu, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 67 Arava Narasimhulu, s/o Bodaiah @ Polaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 68 Penamala Krishnaiah, s/o Bala Chennaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 69 Penamala Ravi Sankar, s/o Bala Chennaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 70 Penamala Prabhakar, s/o Bala Chennaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 71 Dasari Narasamma, w/o Vemaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 72 Varapalli Narasimhulu, s/o Narasaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 73 Udayagiri Chinnaiah, s/o Ramaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 74 Penamala Kamalamma, w/o Bala Chennaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 75 Arava Pedda Narasimhulu, s/o Penchalaiah @ Bodaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 76 Arava Nrasimhulu, s/o Bodaiah @ Polaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 77 Arava Chinna Narasimhulu, s/o Bodaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 78 Arava Penchalaiah, s/o Penchalaiah @ Bodaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 79 Penamala Penchalaiah, s/o Narasaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 80 Malati Ramaiah, s/o Penchalaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 81 Chalamala Malleswara Rao, s/o Venkataiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 82 Vendi Palli Madhavarao, s/o Venkata Narasaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 83 Dasari Lakshumma, w/o Penchalaiah, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. 84 Biyyapu Ramanamma, w/o Subbarayudu @ Srinivasulu, r/o Gattupalli Village, Gopavaram mandal, Kadapa District. ..... PETITIONER(S) AND 1 Government of Andhra Pradesh rep., by its Principal Secretary, Irrigation Department, Secretariat Buildings, Hyderabad. 2 The Special Deputy Collector (Land Acquisition) TGP unit-I Kadapa, Kadapa District. 3 The Special Collector (Land Acquisition) G.N.S.S. Kadapa, Kadapa District. .....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 writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not considering the application made by the petitioners on 27-05-2002 under Section 28-A of the Land Acquisition Act to re-determine the amount of compensation on par with claimants in L.A.O.P.No.888 of 1999 on the file of the District Judge, Kadapa is illegal, arbitrary and unconstitutional consequently direct the 2nd respondent to consider the application made by the petitioners on 27-05-2002 under Section 28-A of the Land Acquisition Act to re-determine the amount of compensation on par with claimants in L.A.O.P.No.888 of 1999 on the file of the District Judge, Kadapa and also direct the 2nd respondent to pay enhanced compensation to the petitioners and pass such order or orders in the circumstances of the case. Counsel for the Petitioner:MR.K.V.SUBBA REDDY Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8251 of 2007 O R D E R This writ petition is filed seeking direction to the respondent - Land Acquisition Officer to pass orders on the application dated 27.05.2002 seeking re-determination of the amount of compensation as provided under Section 28- A of the Act. According to the petitioners, they are the absolute owners of the land sought to be acquired for the purpose of Somasila Project, and accordingly a notification under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’) was published on 12.03.1994 and that after following due process of law, the compensation was also fixed by the Land Acquisition Officer. Aggrieved by the same, some of the claimants sought for reference and the matter was referred to the Civil Court. The reference was numbered as LAOP No.888 of 1999, on the file of the District Judge, Kadapa, and the District Judge, by his order dated 25.02.2002 enhanced the amount of compensation. Pursuant to the said judgment of the Civil Court dated 25.02.2002, the petitioners made an application to the Land Acquisition Officer on 27.05.2002 seeking re-determination of the amount of compensation as provided under Section 28- A of the Act. As no orders were passed pursuant to the application, the petitioners filed the present writ petition. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. Admittedly, the compensation was enhanced by the District Judge in LAOP No.888 of 1999 by the judgment dated 25.02.2002 and when once the compensation is enhanced, the claimants, who have not sought for reference as provided under Section 18 of the Act, can make an application for re- determination of the amount of compensation on the basis of the award of the Civil Court and for this purpose, Section 28-A of the Act was inserted by Act 68 of 1984. The intention of the Legislature is to see that the claimants, who have not sought for reference under Section 18 of the Act, are entitled to and paid the same compensation as determined by the Civil Court. In the instant case, the Civil Court on a reference enhanced the compensation by its award dated 25.02.2002 and the petitioners sought for re-determination within the time prescribed under Section 28-A of the Act. As per Section 28-A of the Act, the application for re-determination shall be made within a period of three months thereof and the time for obtaining the certified copy shall be excluded. The date of order of the Civil Court in LAOP No.888 of 1999 is dated 25.02.2002, copy application was made on 13.03.2002, stamps were called for on 13.05.2002 and the same were deposited on 14.05.2002 and the copy was made ready on 16.05.2002. From the above, it is clear that the said application dated 27.05.2002 seeking re-determination is filed within the time prescribed under Section 28-A of the Act. Therefore, the petitioners in this writ petition are also entitled to the compensation as enhanced by the Civil Court. It is brought to the notice of this Court by the learned Government Pleader that the said enhancement of compensation made by the Civil Court was reduced vide judgment of this Court in A.S.No.875 of 2003 and batch dated 18th April, 2006. In view of the judgment of this Court in A.S.No.875 of 2003 and batch dated 18th April, 2006, the petitioners are also entitled for re-determination of compensation. Therefore, the writ petition is allowed and the respondents are hereby directed to re-determine the market value and pay the enhanced compensation within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. --------------------------------------- GOPALA KRISHNA TAMADA,J 12th MARCH, 2008 PGS To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8251 of 2007 12th MARCH, 2008