KALVALA PADMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are owners of land in different survey numbers of Lingapoor Village, Ramagundam Mandal, Karimnagar District. Singareni Collieries Company Limited intended to bring about an Open Cast Mine in that area. An extent of 900 acres of land was acquired. The lands of the petitioners were also acquired in the notification dated 28-03-1989, published under Section 4(1) of the Land Acquisition Act. Urgency clause was invoked, and declaration under Section 6 of the Act was published, simultaneously. Award was passed on 27-03-1991, wherein the Special Deputy Collector-cum-Land Acquisition Officer, the 2nd respondent herein, fixed the market value of the land at Rs. 12,200/- per acre. The petitioners state that, not satisfied with the award passed by the 2nd respondent, they submitted applications on 08-04-1991 and 12-04-1991, with a request to refer the matter to the Civil Court, under Section 18 of the Act. Their grievance is that the 2nd respondent has not taken any steps on their applications. The petitioners submit that the owners of some of the lands, acquired through the same notification, and covered by the same award, approached this Court by filing W.P. No. 20818 of 1998, complaining that the 2nd respondent is not referring their claims to Civil Court, and that in compliance with the orders passed therein, the 2nd respondent has referred the matter to the Court of Senior Civil Judge, Peddapalli. The trial Court is said to have enhanced the compensation to Rs. 40,000/- per acre, through its order dated 08-12-2003. It is further stated that the appeals preferred by the State, on the one hand, and owners of the land, on the other hand, before this Court, were dismissed, and in the Supreme Court, the appeal preferred by the owners of the land was partly allowed by further enhancing the compensation to Rs. 65,000/- per acre. The petitioners submit that they are entitled for the same relief.

(2.) No counter-affidavit is filed by the respondents.

(3.) Heard the learned counsel for the petitioners and learned Government Pleader for Land Acquisition.