LAKSHETY PEDDA LAXMAN Vs. DISTRICT COLLECTOR ADILABAD DISTRICT

JUDGEMENT

(1.) These two writ petitions present common question of fact and law. Hence, they are disposed of through a common judgment.

(2.) The petitioners in W.P. No. 11993/ 1999 are residents of Vanjar Village, Sarangapur Mandal, Adilabad District. The petitioners in W.P. No.19114/1999 are residents of Madhapur Village, Nirmal Mandal, Adilabad District. Both the villages were affected the floods. To rehabilitate the affected persons, an extent of Ac.l 1-31 guntas of land in Vanjar village and Ac.20-04 guntas of Madhapur village were acquired. Necessary notifications under Section 4(1) of the Land Acquisition Act (for short 'the Act') were issued on 6-12-1997 and 5-11-1997 respectively, by the District Collector, the 1st respondent. After completing the necessary formalities, the Land Acquisition Officer (for short 'the LAO'), the 2nd respondent in both the writ petitions, passed separate awards dated 4-7-1998 and 4-9-1998 respectively. He fixed the market value at Rs. 14,000.00 per acre for the lands in Vanjar village and Rs.25,000/- for those in Madhapur village.

(3.) Not being satisfied with the compensation so awarded by the 2nd respondent, the petitioners filed applications before the 2nd respondent, requesting him to refer the matter to the Civil Court under Section 18 of the Act. Their request was not acceded to by the 2nd respondent. In the Memos of various dates addressed to the petitioners, the 2nd respondent stated that the petitioners have consented to part with the lands on payment of the compensation at the rates referred to above and, as such, the question of referring the matter to the Civil Court under Section 18 does not arise. The petitioners challenge the action of the 2nd respondent in refusing to refer the matter to the Civil Court under Section 18 of the Act.