L. NARASIMHA REDDY, J.

( 1 ) THE entire village of Pothapi of Nandalur mandal, Cuddapah District, was affected by sub-mergence in Somacilla Project. The village was divided into 11 Reaches and proceedings were initiated for acquisition of lands as well as the structures thereon. The lands of the petitioners are in Reaches 4,5,8 and 9. Notifications under Sections 4 (1) and 6 of the Land Acquisition Act (for short the act ) were issued and Award was passed in the year 1999 fixing the compensation for the lands as well as the structures belonging to the petitioners.

( 2 ) THE petitioners complain that though the Award was passed in the year 1999, the compensation as determined therein was not paid. The petitioners were served with separate endorsements dated 5-8-2002 to the effect that the payment of compensation for their lands cannot be made for the reasons that as per the judgments of the Hon ble supreme Court reported in AIR 1960 SC 1203 and the judgment of the Himachal pradesh High Court reported in AIR 1961 hp 20, if the constructions collapse either before passing the Award or before taking possession of the same, the compensation need not be paid. It was further stated that according to the Video taken by the Special collector, Telugu Ganga Project, and the report secured by him, the structures on the land of the petitioners were dilapidated. Hence, the petitioners filed this writ petition seeking a direction to the respondents to pay the compensation as determined in the award.

( 3 ) THE writ petition came for admission on 20-11-2002. Inasmuch as the matter was in a narrow compass, the Government pleader for Land Acquisition was granted time to obtain instructions. On 22-11-2002, the learned counsel for the petitioners and the learned Government Pleader, on instructions, argued the matter extensively.

( 4 ) IT is not in dispute that the lands of the petitioners together with the structures thereon have been acquired and Award was passed. The impugned endorsement, in its true translation, reads as under:"office of Special Deputy Collector, (Land Acquisition) Telugu Ganga project, Nellore, At Rajampet. R. C. C. No. 189/2002 Dt. 5-8-2002 endorsement it is not feasible to pay the compensation for the structures on your land in Sy. No. 913/1-A, for the following reasons: as per Ruling of the Hon ble supreme Court in AIR 1961 SC 1203 and Hon ble High Court of himachal Pradesh in AIR 1961 HC 20, if the structures collapse before passing the award or before taking possession of the land, the compensation need not be paid therefore. According to the Video-graph and the Verification report secured by the special Deputy Collector, Telugu ganga Project, Rajampet, the structures on your land/walls only/skeleton, have collapsed". "sd/- Special Deputy collector (Land Acquisition) nellore at Rajampet to nellore Penchala Reddy s/o late pabbareddy nellore Thimina Reddy s/o Pitcha reddy village, Neetamma, Nandaluru mandal, Cuddapah District. "

( 5 ) THE learned counsel for the petitioners sri O. Manohar Reddy, submits that once the Award has been passed in respect of the lands as well as the structures thereon, it is not open to the Land Acquisition Officer to refuse to pay the compensation, either in its entirety on in part. He submits that on passing an Award, the Land Acquisition officer ceases to have any power to modify or otherwise change the Award. It is his further contention that the details referred to in the impugned endorsement have no application to the facts of the case.

( 6 ) THE learned Government Pleader for land Acquisition, on the other hand, submits that if it was found that the structures for which the compensation was determined did not exist on the site, the government cannot be compelled to pay the compensation. He submits that the verification report as well as the Video taken out as regards the said structures has revealed that they have collapsed and compensation was not payable to them at all.

( 7 ) THE Act stip

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