PATHURI SATYANARAYA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Ac.14, 14 cents of land of the petitioner in Sy. No. 25/2, 28/1 and 31/1 of Devulapalli Village, Jangareddygudem Mandal, West-Godavari District was acquired for the purpose of an irrigation project in the year 1979. Award was also passed, fixing the compensation at the rate of Rs.2,000/- per acre. Not satisfied with that, the petitioner sought for reference under Section 18 of the Land Acquisition Act (for short 'the Act') to the Civil Court. Reference was made, and the matter was taken up by the Court of Subordinate Judge, Kovvur, as O.P. No. 44 of 1980. Through its judgment dated 18-02-1982, the Civil. Court enhanced the compensation to Rs.4,000/- per acre. Some of the claimants in O.P. No. 44 of 1980, or other O.Ps, that arose out of the same notification, published under Section 4(1) of the Act, filed appeals before this Court, being A.S. No. 885 of 1983 and batch. It appears, the Government also filed appeals against the decrees passed by the Civil Court. Through its judgment dated 29-11-1989, this Court enhanced the compensation to Rs.22,000/-per acre.

(2.) The petitioner submits that he too is eligible for the benefit of the decree passed by this Court in A.S. No. 885 of 1983 and batch, and those, in other similar matters. He contends that when the owners of the land, who are similarly situated, are paid the compensation @ Rs.22,000/- per acre, denial of the same to him, oh the ground that he did not prefer appeal; would amount to discrimination. He has also made reference to the orders passed by this Court, in W.P.Nos.4243 of 2001, 19424 of 2001 and 16102 of 2008.

(3.) A counter-affidavit is filed on behalf of the respondents. According to them, the petitioner has already availed the remedy under Section 18 of the Act, and once an application is filed under Section 28A of the Act, there is no way, that he can get the relief, prayed for in this writ petition. According to them, the petitioner has to blame himself, for not preferring the appeal against the decree, in O.P. No. 44 of 1980.