THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT Vs. THE CHAIRMAN, DISTRICT LEGAL SERVICES AUTHORITY, KRISHNA DISTRICT AT MACHILIPATNAM AND ORS.

JUDGEMENT

(1.) This writ petition is filed for a mandamus to set aside award, dtd. 9/11/2006, in Pre-Litigation Case (P.L.C.) No.223 of 2006 on the file of respondent No.1 Lok Adalat at Machilipatnam.

(2.) We have heard the learned Government Pleader for Land Acquisition (A.P.) appearing for the petitioner and Mr.J.Anil Kumar, learned standing counsel for Legal Services Authority appearing for respondent No.1. The cause list has shown the name of Mr.C.Subba Rao, learned counsel, as appearing for respondent Nos.2 and 3. However, the said counsel has represented that he has not entered appearance for the said respondents. The record shows that notices have been served on respondent Nos.2 and 3.

(3.) The facts leading to the filing of this writ petition are, briefly, stated hereunder. Certain lands belonging to respondent No.3 were acquired by the petitioner. Award No.4 of 1975, dtd. 19/2/1975, was passed fixing the compensation at the rate of Rs.1,550.00 per acre. Not satisfied with the compensation awarded by respondent No.2 - the Land Acquisition Officer, respondent No.3 and other similarly situated persons got the dispute referred to Civil Court under Sec. 18 of the Land Acquisition Act, 1894 (for short 'the Act') and the Civil Court enhanced the compensation to Rs.4,000.00 per acre, on 27/9/1980. While respondent No.3 did not carry the matter in appeal against the judgment of the Civil Court, some of the landowners, whose lands were also acquired, filed A.S.No.1370 of 1981 and batch, claiming enhancement of the compensation. This Court, vide judgment, dtd. 4/3/1986, enhanced the compensation to Rs.6,000.00 per acre. Respondent No.3 and other landowners filed W.P.No.22661 of 1994, for a direction to the petitioner to re-determine the compensation under Sec. 28-A of the Act. This Court allowed the said writ petition and directed the petitioner to re-determine the compensation, on 16/7/2004. Respondent No.3 filed P.L.C. No.223 of 2006 before respondent No.1, for a direction to the petitioner to re-determine the compensation as per this Court's judgment, dtd. 4/3/1986, in A.S.No.1370 of 1981 and batch. Respondent No.2 - the Special Tahsildar, who is the Land Acquisition Officer, filed a counter-affidavit before respondent No.1 agreeing to pay the compensation at the rate fixed by this Court. Based on the said counter-affidavit, respondent No.1 has passed the impugned Lok Adalat award.