A PEDA VEERENDER Vs. LAND ACQUISITION OFFICER R

JUDGEMENT

(1.) this writ petition the question as to whether the petitioners are entitled to get the value for their lands which were acquired by a common notification, re-determined under Section 28A of the Land Acquisition Act, 1894, falls for consideration.

(2.) Petitioners, whose lands measuring Acs 13-20 guntas of Sy. Nos. 399 to 405 and 407-A of Kanteswaram village, Nizamabad District, were acquired for providing house sites pursuant to a notification issued in G.O.Ms. No. 96, dated 20-1-1976. Along with the lands of the petitioners, some other lands belonging to some other persons situated in Sy. No. 3286 were also acquired by the said notification, by the respondents. As far as the lands of the petitioners are concerned, it is stated, the Land Acquisition Officer fixed the compensation at Rs. 20,000,00.00 per acre under three awards dated 20-3-1977, 6-9-1977 and 26-6-1978. On reference under Section 18 of the Land Acquisition Act, 1894, the Additional District Judge, Nizamabad, by his order dated 20-6-1979, in O.P. No. 361 of 1977 enhanced the compensation to Rs. 30,000.00.00 per acre for the lands measuring Acs. 8-36 guntas in Sy Nos. 400 to 404. With regard to the other lands of the petitioners measuring Acs. 4-24 gunfas, the Additional District Judge fixed the compensation at Rs. 13.00 per square yard by his order dated 30-1-1985 passed in O.P. No. 347 of 1982. It is the case of the petitioners, with regard to the lands pertaining to others measuring Ac. 1-07 guntas of Sy. No. 3286, which was also acquired by the same notification, the Additional District Judge fixed the compensation at Rs. 46.00 per square yard after deducting 1/3rd area towards development, by his order dated 27-11-1987 in O.P. No. 197 of 1985.

(3.) Petitioners contend, the land subject-matter of O.P. No. 197 of 1985 and the lands of the petitioners, subject-matter of O.P. Nos. 361 of 1977 and 347 of 1982, are one and the same and were acquired under the same notification and as such they are also entitled to get the same compensation as awarded to the persons whose land was also acquired through the same notification by the respondents. It is contended further that immediately after the passing of the orders in O.P. No. 197 of 1985, within the time stipulated, an application dated 27-1-1988 under Section 28A of the Land Acquisition Act, 1894, was filed before the first respondent seeking re-determination of the compensation on the basis of the compensation awarded in O.P. No. 197 of 1985. The Deputy Collector, Social Welfare, seems to have sent a reply on 20-7-1988 stating that an appeal has been preferred against the orders in O.P. No. 197 of 1985 in the High Court and, therefore, their case could not be considered. The petitioners seem to have represented to the respondents stating that mere pendency of appeal shall not be a ground for rejecting the claim of the petitioners for re-determination under Section 28A of the Land Acquisition Act, 1894. Since there was no response, the petitioners seem to have approached this Court by filing Writ Petition No. 11089 of 1988, seeking direction to the first respondent for re-determination of the value of their lands also in terms' of the award passed in O.P. No. 197 of 1985, dated 27-11-1987, on the file of the Additional District Judge, Nizamabad. The said writ petition was disposed of by this Court on 3-10-1989, directing the respondents to dispose of the representation filed by the petitioners, seeking re-determination in terms of Section 28A of the Land Acquisition Act, 1894, after giving necessary opportunity.