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 a

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