THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.25241 OF 2009 ORDER With the consent of both the Counsel, the writ petition is being disposed of at the interlocutory stage. The grievance of the petitioners is that their houses with structures at P. Ananthapuram village, Kondapuram village, Kadapa District, were acquired in pursuance of notification under the Land Acquisition Act under Section 4 (1) dated 7.9.2007 and Section 6 declaration dated 22.1.2008 and the possession of the petitioners’ houses however has not been taken. The petitioners state that out of about 401 structures affected, the petitioners alone are not paid the compensation and that grievance is ventilated in this writ petition. The 4th respondent filed a counter-affidavit stating that out of total 401 structures, compensation has been paid duly passing part awards under Section 11 (2) of the Land Acquisition Act for 378 structures and a total amount of Rs.6,43,61,969/- was paid. It is submitted that the petitioners raised structures with the knowledge of submergence to make unlawful gain by way of compensation and the petitioners did not attend the award enquiry along with others and so far no award is passed. Further, it is submitted that as there is lot of time available for acquisition, the petitioners are allowed to continue in their houses. It is submitted that as and when acquisition/possession is necessary all the writ petitioners would be given opportunity before passing a speaking award. It is also submitted that the possession of the properties of the petitioners are not taken and award is not passed and that the petitioners can raise all the pleas during award and the genuineness of the structures has to be established during award enquiry. It is therefore evident that for the balance of the claimants other than 378 structures, which are covered by award already passed, payment of compensation would be considered in the award to be passed. The petitioners are admittedly in possession of the properties and the award is yet to be passed as per the averments in the counter- affidavit noted as above. In the circumstances, only a direction needs be given to redress petitioners’ grievance that as and when the respondents pass award, they shall take into consideration the claims made by the petitioners and determine the compensation in accordance with law. The respondents-authority shall keep in mind that the submersion of their properties cannot indefinitely await the action on the part of the respondents to formally take possession. In that view of the matter, the respondents are expected to act expeditiously particularly, as 378 claimants have already been paid by passing award except the balance of the claimants. The writ petition is accordingly disposed of directing the respondents to pass award by considering the claims of the petitioners expeditiously. No order as to costs. ______________________ VILAS V. AFZULPURKAR,J Dated: 25.8.2011 Nn THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.25241 OF 2009 25.8.2011