LAWS(APH)-2014-6-119

DESAM VENKATESWARA REDDY Vs. SPECIAL DEPUTY COLLECTOR & COMPETENT AUTHORITY, GAS AUTHORITY OF INDIA LTD.

Decided On June 05, 2014
Desam Venkateswara Reddy Appellant
V/S
Special Deputy Collector And Competent Authority, Gas Authority Of India Ltd. Respondents

JUDGEMENT

(1.) SINCE these three Writ Petitions, filed under Article 226 of the Constitution of India, raise common questions of law and involve similar facts with slight variations, these three Writ Petitions are heard together and are being disposed of by this common order.

(2.) HEARD Sri J.U.M.V.Prasad, learned counsel for the petitioners in all the three Writ Petitions and Sri K.Venkata Rao, learned Standing Counsel for the respondents.

(3.) THE respondent -Gas Authority of India Ltd., acquired the lands of the petitioners herein for laying gas pipeline and paid compensation under the provisions of the Petroleum Mineral Pipelines (Acquisition of Right of User in Land) Act, 1962 (hereinafter called as the Act). According to the petitioner in W.P.No.6783 of 2006, he received the said amount under protest and requested for award copy, but the respondents kept quiet, which compelled the petitioner to submit representations on 15.06.2005 and 27.06.2005 to refer the matter to the Civil Court for the purpose of claiming enhancement of the compensation and it is also the case of the petitioner that she requested the authorities to furnish the original proceedings/award copy to enable her to file appropriate petition before the Civil Court for enhancement but the said requisition was not considered, which prompted her to file W.P.No.20279 of 2005 before this Court, seeking a direction to the first respondent to refer the earlier petition dated 28.08.2003 to the Civil Court or in alternative to furnish the original award copy and the said Writ Petition was disposed of on 29.09.2005, directing the petitioner in W.P.No.6783 of 2006 to approach the Court of the District Judge concerned directly under Section 10(2) of the Act.