IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF NOVEMBER, TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24377 of 2008 Between: Molabanti Srinivasa Rao, S/o. Late Subba Rao, R/o. Podalakur Village and Mandal, Sri Potti Sriramulu Nellore District. ..... PETITIONER AND 1 The District Collector, S.P.S. Nellore District, nellore. 2 The District Committee for Land Acquisition, Rep by Joint Collector, S.P.S. Nellore District, Nellore 3 The Special Collector(L.A) Telugu Ganga Project, Nellore. 4 The Special Deputy Collector (L.A), Telugu Ganga Project, Sri Potti Sri Ramulu Nellore District, Nellore. .....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 declaring the action of the respondents in ﬁxing the market value go by the principles for determination of the market value to the land in Sy.No.329/1A2 and 329/1B2, to an extent of 0.91 cents and 0.45 cents respectively, Situated at Thoduru Village, Podalakur Mandal, Potti Sri Ramulu Nellore District, as bad, arbitrary, contrary to the established principles of law and to pass Counsel for the Petitioner:MS.M.VIDYAVATHI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.24377 of 2008 ORDER: The lands of the petitioner in various survey numbers were notiﬁed for acquisition, through draft notiﬁcation, dated 7.6.2007, and draft declaration dated 8.6.2007. The award enquiry is in progress. The petitioner contends that in the notice, dated 13.5.2008, in the context of oﬀering 80% of the tentative market value, the respondents have taken into account the value that existed, much prior to the date of notiﬁcation under Section 4 (1) of the Land Acquisition Act. He claims to have made a representation, dated 31.7.2008, with a request to take the market value of the land, as on the date of draft notiﬁcation, and complains that the representation is not being considered. Heard the learned counsel for the petitioner and learned Government Pleader for Land Acquisition. The petitioner gained an impression that a particular ﬁgure is being taken as market value, when the same was mentioned in the notice dated 13.5.2008, while offering 80% of the tentative market value of the land. The oﬀer made in the said notice is purely tentative and it cannot have any bearing on the actual award enquiry. It is trite that during the enquiry, the comparable sales, as well as the plea raised by the petitioner, needs to be taken into account. Even the other contentions raised by the petitioner need to be considered, during the award enquiry. Hence, the writ petition is disposed of, directing that the Land Acquisition Oﬃcer shall take into account, all the pleas raised by the petitioner, be it as regards the value, or the extent of the land, while passing the award. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 07-11-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}