T PAPAIAH Vs. LA O R D O

JUDGEMENT

(1.) The Writ Petition is filed seeking appropriate Writor Direction declaring the proceedings No. B/737/91 dated 18-11-1992 of 1st respondent. Land Acquisition Officer, Peddapalli as arbitrary and illegal and for consequential direction to pass Award under Section 28-A of Land Acquisiiion Act, on the basis of the Award of the Subordinate Judge, Peddapalli in O.P.No. 392/87.

(2.) The facts are many in the case. However for the purpose of deciding the issue, the relevant facts are narrated hereunder: In the year 1983, the 1st Respondent issued a notification for acquisition of lands in Ladnapoor village of Singareni Cotlaries Company Limited. The land belonging to more than 250 persons was affected in the land acquisition proceedings. Aggrieved by the order of the Award of the Land Acquisition Officer, some of the Claimants filed applications under Section 18 of the Act for determination of compensation by the Civil Court. The Subordinate Judge by Award dated 27-4-1989 in O.P.No. 329 of 1987 enhanced the compensation. The lands which were the subject matter of the Award before the Subordinate Court, Peddapalli were acquired under a common notification, but however some of the Claimants could not make any application for reference.

(3.) It is the case of the petitioners that consequent on the enhancement of the compensation they filed applications under Section 28-A of the Act before the 2nd respondent Special Tahsildar, Land Acquisition Unit, within three months and in some cases within a period of three months computed after excluding the time for obtaining the certified copies. By G.O.Rt.No. 329 dated 16-8-1986 issued by the Government a seperate Land Acquisition Unit was established at Godavarikhani and therefore directed all the pending cases before the 1st respondent shall be transferred to the Special Tahsildar, Godavarikhani. The 1st Respondent appears to have informed that all the cases have transferred to the 2nd Respondent and they will be dealt by the said Officer. Therefore, the 2nd Respondent shall be deemed to have jurisdiction to receive the application under Section 28-A of the Land Acquisition Act. Accordingly, the applicants made applications to the 2nd Respondent and they were accepted, the Award enquiry was fixed on 28-12-1989. However, on 13-3-1990 all the applications filed by the Claimants were transferred to 1st respondent. It is also the case of the petitioners that 1st Respondent informed the Singareni Collaries Company Limited on 4-5-1991 to deposit the enhanced compensation on the basis of the Award in O.p.No. 329/87 and further action was also initiated by the 3rd respondent to send the acquittance roll for taking further action. As the Award proceedings have not been processed the claimants have filed Writ Petition No.103369/91 seeking directions to pass the Award and for payment of compensation. The said Writ Petition was disposed of at the admission stage on 1-10-1991 with the following directions: