This Writ Petition is filed for a Writ of Mandamus to declare the acquisition proceedings initiated by respondent No.1 in respect of Ac.0.24 cents of land belonging to the petitioners comprised in Survey Nos.253/3 and 253/4 of Gunupudi village, Bheemavaram Municipal limits, West Godavari District, as illegal and arbitrary.

The petitioners claimed to have purchased Ac.0.24 cents (1161 Sq. yards) of land in Revenue Survey Nos.253/3 and 253/4 of Gunupudi village, for a sum of Rs.3,600/- under registered sale deed dated 22-6-1977. They averred that in the first quarter of 1997 when the petitioners went to the land they found that a part of their land was being converted into a road and stones were planted in the other portion; that their enquiries revealed that a part of their land was acquired for laying internal road to the proposed Housing Board Colony in the adjoining land; and that the petitioners addressed letter dated 11-3-1997 to respondent No.1 requesting him to demarcate the boundaries of the portion of the petitioners' land taken over and also of the remaining land and to pay the compensation for the land taken over for the road. It is further averred that in reply to the said letter, respondent No.1 (Sub- Collector) sent notice dated 27-3-1997 informing the petitioners that he would visit the land on 1-4-1997, but he did not visit the said land. The petitioners assailed the action of the respondents in taking over the land without following due process of law.

In the counter-affidavit filed by respondent No.1 it is averred that possession of the land in R.S.Nos.253/3 and 253/4 was taken by the A.P. Housing Board, respondent No.5 herein, on 12-5-1982 and award was passed on 30-9-1994.

It is further stated that the petitioners neither questioned the land acquisition proceedings nor claimed compensation; that the land admeasuring Ac.31.12 cents was handed over to respondent No.5; and that despite the intimation given by the Land Acquisition Officer on 27-3-1997 that inspection will be made on 1-4-1997, the petitioners have not turned up on the said date. It is also stated that advance possession was taken on 12-5-1982, award was passed on 30-9-1994, and respondent No.5 constructed houses thereon for the benefit of the general public.

In the counter-affidavit filed on behalf of respondents 2 and 3 it is stated that notification under Section 4(1) of the Land Acquisition Act, 1894 (for short "the Act") was issued for acquisition of Ac.41.03 cents in R.S.Nos.257/2A, 259/1 etc., of Gunupudi village, Bhimavaram Mandal, in the year 1979; that as the said proceedings were quashed by this Court in Writ Petition No.3344 of 1984 giving liberty to the respondents to initiate fresh proceedings, fresh proposals were initiated, which have also got lapsed on 7-5-1993; that consequent upon further directions given by this Court by order dated 6-12-1996 passed in Writ Petition No.11827 of 1999, further proceedings were initiated by issuing notification under Section 4(1) of the Act on 10-11-1993 and dispensing with enquiry under Section 5-A of the Act; and that award was passed on 30-9-1994 fixing the market value at Rs.7,02,000/- per acre. It is further stated that market value was fixed on the basis of the negotiations under the A.P. Land Acquisition Negotiation Rules, 1992 (for short "the Rules") read with the instructions contained in G.O.Ms.No.1050 dated 17-10-1992. It is further stated that the land owners for an extent of Ac.0.473/4 cents in R.S.Nos.260/2 and 260/4 did not give consent for acquisition of their lands; that an extent of Ac.0.401/4 cents in R.S.Nso.252/1,252/3, 253/3, 4 and 5, 255/2 and 3, 260/1 and 260/4 was not claimed by anybody; and that award under Section 11(2) of the Act was also passed in respect of the extent of land for which the land owners did not give their consent and also for the unclaimed extent of the land, and the proceeds were kept in civil deposit to be paid to the owners as and when they