IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 3415 of 2008 Between: 1 Rapuri Penchalaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 2 Boyalla Yarra Guravaiah, S/o. Guruavaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 3 Smt. Budigi Lakshumma, Wife and Legal Representative of Budigi Yanadaiah, S/o. Pedda Rosaiah Residing at Kaluvoya Village and Mandal, Nellore District. 4 Mallu Narasimha Reddy, S/o. Venkataramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 5 Mallu Chinnapa Reddy, Son and legal Representative of Mallu Penchal Reddy, S/o. Venkatrami Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 6 Nutheti Seethaiah @ Seetha Ramaiah, S/o. Chinna Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 7 Nutheti Prasad, S/o. Venkata Naraiah, Son and Legal Representative of Nutheti Santeiah, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 8 Nutheti Gangaiah, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 9 Nutheti Penchalaiah, S/o. Nagaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 10 Smt. Nutheti Subbamma, Wife and Legal Representative of Netheti Pedda Penchalaiah, S/o. Venkatramaiah Residing at Kaluvoya Village and Mandal, Nellore District. 11 Smt. Mallu Ramulamma, LR & W/o. Mallu Nagireddy, S/o. Narasaiah,Representing himself and Legal Representative deceased Lanka Ademmma, W/o. Mallaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 12 Smt. Mallu Ramalakshumma, Wife and Legal Representative of mallu Narasimha Reddy, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 13 Mallu Ramanamma, Wife and Legal Representative of Mallu Lakshmi Narasa Reddy, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 14 Jammana Lakshumma, W/o. Venkata Reddy Residing at Kaluvoya Village and Mandal, Nellore District. 15 Chilamakuru Ramanaiah, Son and Legal Representative of Chilamakuru Erikalaiah, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 16 Nijamani Narasimhulu, Grant Son and Legal Representative of Nijamani Narasimhulu, S/o. Penchalaiah (Alias Potti), Residing at Kaluvoya Village and Mandal, Nellore District. 17 Nijamani Narasaiah, Son and Legal Representative of Nijamani Pedda Ankamma, W/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 18 Dasari Narasamma, Wife and Legal Representative of Dasari Guravaiah, S/o. Polaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 19 Cheerala Atchamma, Daughter and Legal Representative of Cheerala Narasaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 20 Nijamani Santemma, W/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 21 Chilamkuri Yanadaiah, S/o. Penchalaiah, Son and Legal Representative of Chilamkuri Chinnaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 22 Santaiah@Penchalaiah, Son and legal Representative of Boyalla Guravaiah, S/o. Jangamaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 23 Vonteru Chinnabbaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 24 Vonteru Kondaiah, S/o. Pedda Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 25 Vonteru Narayana, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 26 Vonteru Rosaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 27 Smt. Vonteru Yanadamma, Wife and Legal Representative of Vonteru Yanadaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 28 Nutheti Narasimhulu, S/o. Mallaiah, Brother's Son and Legal Representative of Nutheti Muneaiah, S/o. Chinna Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 29 Madu Chinnakka, Wife and legal Representative of Madu Venkata Subbaiah, S/o. Venkata Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 30 Bellam Subbaramaiah, Son and Legal Representative of Bellam Chinna Subbaiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 31 Smt. Madu Rama Subbamma, Wife and legal Representative of Madu Chinna Venkatasubbaiah, S/o. Venkata Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 32 Bukkayapalli Venkata Narasaiah, Son and legal Representative of Bukkayapalli Subba Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 33 Vonteru Kondaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 34 Mallu Venkata Reddy, S/o. Venkatrami Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 35 Mallu Penchal Reddy, S/o. Narasa Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 36 Parlapalli Subbamma, W/o. Pitchi Reddy, daughter and Legal Representative of Mallu Ramakrishnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 37 Madana Tirupalu, S/o. Obaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 38 Smt. Dasari Atchamma, Wife and Legal Representative of Dasari Guravaiah, S/o. Peddamala Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 39 Nijamani Prasad, Grant Son and Legal Representative of Boyalla Rosamma, W/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 40 Kola Yanadaiah, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 41 Nijamani Yanadaiah, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 42 Smt. Cheerala Yanadamma, Wife and Legal Representative of Cheerala Penchalaiah, S/o. Pedda Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 43 Kodikuthala Pullaiah, S/o. Chinna Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 44 Vonteru Pedda Kondaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 45 Vonteru Chinna Kondaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 46 Nutheti Penchalaiah, Son and Legal Representative of Nutheti Narasimhulu, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 47 Nallagondu Kondalarayudu, S/o. Pitchi Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 48 Mallu Subbamma, Wife and legal Representative of Mallu Chinnaiah, S/o. Mallaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 49 Gampala Nagamma, Wife and legal Representative of Gampala Pedda Penchalaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 50 Gampala Narasaiah, S/o. Penchalaiah Residing at Kaluvoya Village and Mandal, Nellore District. 51 Gampala Chinna Penchalaiah, S/o. Penchalaiah Residing at Kaluvoya Village and Mandal, Nellore District. 52 Sannapureddy Jayamma, Wife and legal Representative of Sannapureddy Narasimha Reddy, S/o. Penchal Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 53 Uppalapati Nagamma @ Venkatamma, Wife and legal Representative of Uppalapati Narasimhulu, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 54 Nutheti Narasimhulu, S/o. Venkatramaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 55 Somisetty Venkata Sunil Kumar, Grand Son and Legal Representative of Somisetty Balaiah, S/o. Bala Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 56 Bellam Venkata Subba Reddy, S/o. Chinna Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 57 Kota Obul Reddy, S/o. Pedda Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 58 Korivi Radhakrishna Murthy, S/o. Ramabhotlu, Residing at Kaluvoya Village and Mandal, Nellore District. 59 Mallu Masthan Reddy, Son and legal Representative of Mallu Basireddigari Narasimhulu, S/o. Nagaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 60 Mallu Penchal Reddy, S/o. Venkata Narasa Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 61 Somisetty Murali, Son and legal Representative of Somisetty Venkata Subbaiah, S/o. Papaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 62 Somisetty Sivaramaiah, S/o. Lakshmaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 63 Somisetty Prabhakar Rao, S/o. Subbarayudu, Residing at Kaluvoya Village and Mandal, Nellore District. 64 Polireddy Rajamma, Wife and legal Representative of Venkatrami Reddy, S/o. Pitchaiah (Late). Residing at Kaluvoya Village and Mandal, Nellore District. 65 Chinthamreddi Subbamma, S/o. Penchalaiah Residing at Kaluvoya Village and Mandal, Nellore District. 66 Siddana Adi Narayanaiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 67 Gampala Chinnamma, Wife and legal Representative of Gampala Lakshmaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 68 Dasari Chinna Venkataiah, S/o. Chinna Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 69 Pellam Yellaiah, S/o. Obaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 70 Narike Peddaiah, Son and legal Representative of Narike Penchalaiah, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 71 Reddipogu Chinna Narasaiah, Son and Legal Representative of Reddipogu Venkata Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 72 Kaluvai Chinna Penchalaiah, S/o. Narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 73 Shaik Najeer Saheb, S/o. Jafer Saheb, Residing at Kaluvoya Village and Mandal, Nellore District. 74 Dasari Peddaiah, Son and legal Representative of Dasari Guravaiah, S/o. Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 75 Dasari Chennamma, Wife and legal Representative of Dasari Venkataiah, S/o. Chinna Venkataiah, Residing at Kaluvoya Village and Mandal, Nellore District. 76 Chiripireddy Chandra, Wife and legal Representative of Chiripireddy Vemul Reddy, S/o. Vemul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 77 Chiripireddy Lakshumma, Daughter and legal Representative of Pothuraju Subbamma, W/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 78 Chiripireddy Narayana Reddy, S/o. Chinna narasaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 79 Singavaram Vemakka, Wife and legal Representative of Narayana Reddy, S/o. Vemul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 80 Basireddy Subbarami Reddy, S/o. Pothi Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 81 Smt. Kota Ramasubbamma, Wife and legal Representative of Kota Chinna Chinnaiah, S/o. Nagaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 82 Pesala Eswara Reddy, Son and legal Representative of Pesala Ramaiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 83 Kakarla Chennaiah, S/o. Kesaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 84 Pesala Nagasubba Reddy, Son and legal Representative of Pesala Nagaiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 85 Iragamreddy Obulamma, Wife and legal Representative of Iragamreddy Sesha reddy, S/o. Subba Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 86 Singavaram Veeramma, W/o. Chenna Reddy, Daughter-in-law and Legal Representative of Singavaram Naraiah (died), Residing at Kaluvoya Village and Mandal, Nellore District. 87 Chiripireddy Subba Lakshumma, Wife and legal Representative of Chiripireddy Adinarayana Reddy, S/o. Vemul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 88 Chiripireddy Lakshumma, Wife and legal Representative of Chiripireddy Kesava Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 89 Chiripireddy Chenna Reddy, Son and legal Representative of Chiripireddy Chenna Reddy, S/o. Kesaval Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 90 Chiripireddy Kesaval Reddy, S/o. Naraiah, Residing at Kaluvoya Village and Mandal, Nellore District. 91 Chiripireddy Venkata Subbamma, Wife and legal Representative of Chiripireddy Narayana Reddy, S/o. Vemul Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 92 Pesala Atchemma, Wife and legal Representative of Pesala W/o. Rosaiah @ Santeiah, S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 93 Pesala Adinarayana, S/o. Nagaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 94 Chiripireddy Chinnaiah, Son and Legal Representative of Chiripireddy Chennaiah, S/o. Kesaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 95 Chiripireddy Sudhakar Reddy, S/o. Adinarayana reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 96 Somisetty Venkata Subbaiah, (Dathu) S/o. Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 97 Chinthamreddy Subbamma, Wife and Legal Representative of Chiripireddy Narayana reddy, S/o. Venkata Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 98 Mamidi Nagi Reddy, S/o. Subba Reddy, Residing at Kaluvoya Village and Mandal, Nellore District. 99 Smt. Siddana Subbamma, Wife and Legal Representative of Siddana Penchalaiah, S/o. Penchalaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 100 Mummadi Sesha Reddy, Son and Legal Representative of Mummadi Gangi Reddy, S/o. Chinnaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 101 Chinthamreddy Venkata Reddy, S/o. Jangamaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 102 Madu Chinnakka, W/o. Venkata Subbaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 103 Banda Venkataiah, S/o. Guravaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 104 Boyalla Guravaiah, S/o. Guravaiah @ Peesaiah, Residing at Kaluvoya Village and Mandal, Nellore District. 105 Vonteru Yerikalaiah, S/o. Kondaiah, Residing at Kaluvoya Village and Mandal, Nellore District. ..... PETITIONER(S) AND 1 The Special Collector, Galeru Nagari Srujala Sravanthi, Kadapa, Kadapa District. 2 The Special Deputy Collector (L.A.), Somasila Project Unit- IV, Rajampeta, Kadapa District-cum-The Land Acquisition Officer. 3 Sri Ch. Mohan Rao, The Special Collector, Galeru Nagari Srujala Sravanthi, Kadapa, Kadapa District. 4 Sri N. Eswaraiah, The Special Collector (L.A.), Somasila Project Unit- IV, Rajampeta, Kadapa District-Cum-The Land Acquisition Officer. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus under article 226 of the Constitution of India declaring the orders passed by the 2nd respondent in his proceedings dated 24.01.2008 under Section 28-A of the Land Acquisition Act re- determining the compensation awarded to the agricultural lands of the petitioners in an arbitrary manner without reference to the award dated 27.09.1988 in L.A.O.P.No. 118/1982 and Batch on the file of the Senior Civil Judge, Kadapa and the further action of the respondents in coercing the petitioners to receive the compensation in terms of the impugned proceedings after giving up their claim in terms of the award of the Civil Court, set aside the said order and direct the respondent 1 and 2 to redetermine the compensation payable to the petitioners under Section 28-A of the Land Acquisition Act strictly in accordance with the order dated 27.09.1988 in L.A.O.P.No. 118/1982 and Batch on the file of the Senior Civil Judge, Kadapa in respect of the respective categories of the lands of the petitioners acquired under the same notification and pay the compensation there for with all statutory benefits. Counsel for the Petitioners: MR.P.SRIDHAR REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 3415 of 2008 O R D E R: It appears, the lands of the petitioners and others were acquired by invoking the proceedings under the Land Acquisition Act, 1894 (for short, ‘the Act’) and issuing Notification under Section 4 of the Act on 3.4.1997. Awards were passed and compensation was paid. However, some of the claimants sought reference and the matter was referred to the competent civil Court under Section 18 of the Act in L.A.O.P. No. 118 of 1982 on the file of the learned Senior Civil Judge, Kadapa and the judgment and the decree was passed on 27.9.1988. Insofar as this writ petition is concerned, Category Nos. 4, 5 and 7 of the lands in the Award are relevant. According to the learned counsel for the petitioners, against Category-4 lands the Land Acquisition Officer awarded Rs.2,000/- per acre and the same was enhanced by the civil Court in the above L.A.O.P. to Rs.11,000/- per acre. In respect of Category-5 lands, the L.A.O. has awarded Rs.6,000/- per acre and the same was enhanced to Rs.18,000/- per acre by the civil Court. Likewise, with regard to Category-7 lands, the L.A.O. has awarded Rs.4,600/- per acre and the same was enhanced to Rs.11,000/- per acre by the civil Court. According to the petitioners, their lands fall into these three categories. When compensation was not paid as required under Section 28-A of the Act on the application made by the petitioners, they approached this Court and filed W.P. No. 12943 of 2004 and the said writ petition was disposed of on 5.10.2004 directing the L.A.O. to dispose of the application under Section 28-A of the Act, but even that was not done. Then the petitioners had to file C.C. 604 of 2007 before this Court. However, after filing the contempt case, the respondents have taken up the matter and decided to pay the compensation by enhancing 90% on the amount awarded by the L.A.O. in the Award without reference to the order of the civil Court. Aggrieved by the same, the petitioners filed the present writ petition. There is no necessity of going into all the details. The very impugned order stares at the respondents and ex facie illegal. The petitioners are entitled for the entire enhanced compensation as decided by the civil Court against Category Nos. 4, 5 and 7 of the lands, on par with the claimants in L.A.O.P. No. 118 of 1982. Therefore, fixing the compensation by only enhancing 90% on the amount awarded by the Land Acquisition Officer in the Award without reference to the order of the civil Court is arbitrary, illegal and requires to be deprecated. The Land Acquisition Officer is obligated under Section 28-A of the Act to implement the orders of the civil Court, as required under the law and he cannot import his own whims and fancies in fixing the enhanced compensation and limiting it to only 90% of the amount awarded by the L.A.O. Under those circumstances, the respondents are directed to pay the compensation against the lands held by the petitioners, namely, Category Nos. 4, 5 and 7 of the lands, as decided by the civil Court in L.A.O.P. No. 118 of 1982 dated 27.9.1988 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this Order. Since the matter was already decided by this Court in W.P. No. 12943 of 2004 and was subject matter of contempt case, if this order is not implemented within the above stipulated time, the matter would be viewed seriously and suo motu contempt case will be taken up by this Court. The writ petition is accordingly allowed. No order as to costs. C.V. RAMULU, J. Date: 18-3-2009. MVB.