SPL TAHSILDAR L A Vs. D VENKAMMA

JUDGEMENT

(1.) This appeal is filed by the Special Tahsildar, Land Acquisition, Jangareddigudem in West Godavari from the judgment in Writ Petition No.10181/91 dt.29-1-1992 of the learned Single Judge of this Court. The question which arises for consideration is whether it is open to a landholder to claim the benefit of Section 28-A of the Land Acquisition Act, on the basis of a Judgment of this Court in an appeal filed by another land holder in respect of a notification, by which, the lands of both were acquired. The facts in brief are the followng:

(2.) An extent of Ac.18-07 cents of land in Survey No.396/2 and 397/2-b vas notified for acquisition under Section 4(1) of the Land Acquisition Act briely referred to as the Act on 3-1-1980. Ac.13-30 belonged to one D. Seetharama Rau and the remaining extent belonged to the petitioners in W.P.10181/91. After completion of the proceedings under the Land Acquisition Act, the present appellant passed the award on 31-10-1981 assessing the market value of the land as Rs.4,500/- per acre. Respondents accepted the amount as awarded to them. But Sri Seetharama Raju accepted compensation under protest and sought a reference to the Civil Court under Section 18 of the Act. In that reference, which was numbered as O.P.79/92, the learned Subordinate Judge, Eluru in his judgment dt.21-11-1983 enhanced compensation as Rs.12,000/- per acre instead of Rs.4,500/-. The Land Acquisition Officer filed A.S.1483/84 seeking reduction of the quantum of compensation, whereas Sri Seetharama Raju filed cross-objection seeking further enhancement. By judgment dated 1-2-1989, this Court dismissed the appeal but allowed the cross-objection enhancing the compensation at the rate of Rs.20,000/- per acre. On 16-5-1989, respondents filed an application under Section 28-A of the Act before the Mandal Revenue Officer seeking re-determination of compensation and payment of solatium and interest at the enhanced rates as was granted to Sri Seetharama Raju in the judgment of this Court allowing the cross-objection. On 23-5-89, a registered letter was sent to the Land Acquisition Officer making a similar request. By his order dt.1-6-1991, the Land Acqusition Officer dismissed the application as not maintainable. Respondents then filed Writ Petition No.10181/91 seeking a declaration that the order of the Land Acquisition Officer was illegal, misconstrued and unsustainable. They sought a direction to the appellant to make an award re-determining the amount of compensation payable to the petitioners in the light of the decree dated 1-2-1989 of the High Court in A.S.1483/84 and cross-objection by granting enhanced solatium and interest as per the Land Acquisition Amendment Act, 1984.

(3.) The appellant resisted the above plea stating that respondents, who had not filed any application under Section 28-A of the Act within the time, prescribed therein viz., 3 months from the date of the award of the Civil Court were not entitled to seek any relief in the Writ Petition. The Land Acquisition Officer also contended that the petitioners having been satisfied with the amount of Rs.4,500/- per acre which was granted in the award dt.31-10-81 and not having filed any application under Section 18 for reference to the Civil Court, had forfeited their right to seek redetermination of compensation under Section 28-A of the Act.