Petitioner No.1 .vas assigned an extent of Acs.3.21 guntas of land in Survey No. 134/1 of Chinnagollapally Village, Shamshabad Mandal, Ranga Reddy District. The entire villages of Chinnagollapally, Ananthareddyguda, Galvaguda and Maqtha Bahadur Ali were affected on account of the establishment of International Airport at Shamshabad. Petitioner No.1, however, was not paid ex gratia on the ground that there is a dispute as to overlapping of land in Survey No.13411 with that of the land in Survey Nos.23 and 24 of Ananthareddyguda Village. The petitioners contend that from the date of assignment of the land, they are in possession and enjoyment of the same till the date of resumption and that there is absolutely no basis for the respondent in denying the ex gratia.

2. The respondent filed a counter affidavit. The fact that petitioner No.1 was assigned Acs.3.2l guntas of land in Survey No.13411 is admitted. The only reason for not paying ex gratia stated by the respondent is that there is overlapping between the lands in survey numbers of the two villages.

3. Heard the learned Counsel for the petitioners and the learned Government Pleader for Land Acquisition.

4. In cases of privat