G M RAJENDER Vs. GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed for a mandamus to set aside Award No. AA/1153/2007, dated 30.10.2010, of respondent No.4. The petitioner also sought for a consequential direction to the respondents to pay solatium and additional market value on the value of the structure by passing supplementary award.

(2.) The petitioners are owners of certain properties comprising buildings. By a notification, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act'), and published in the A.P. Gazette, dated 6.11.2007, the said properties were acquired. Respondent No.4 has passed award, dated 30.10.2010, granting compensation of Rs.25,000/- per square yard in respect of the land alone. THE petitioners pleaded that the value of the structures was not included in the award on the ground that the Assistant City Planner, Circle IX, GHMC, has not sent cheque for the value of the structures. Respondent No.4 has, subsequently, furnished a statement adding the value of the structure to the compensation awarded for the lands and, accordingly, paid cheques on 4.5.2011, after deducting income tax at the rate of 10.2% on total amount. THE petitioners claim to have received the said amount under protest. Dissatisfied with the quantum of compensation, the petitioners have filed applications, dated 31.5.2011, before respondent No.4, seeking reference under Section 18 of the Act.

(3.) The learned Government Pleader for Land Acquisition, while inviting my attention to Section 18(1) of the Act, submitted that since a reference is already pending before the competent civil Court, the petitioners are entitled to raise the same question, which is raised in the present writ petition, before the said Court.