Point of law: only alternative left to the authorities is the payment of compensation to the petitioners herein for the subject lands in accordance with the provisions of the Land Acquisition Act.

ORDER :

Akula Venkata Sesha Sai, J.

1. Since these writ petitions are inter-related and basically pertain to one subject land, this Court deems it appropriate to hear and dispose of them by way of this common order.

2. Heard Sri G. Vidya Sagar, learned Senior Counsel appearing for the petitioners, Sri G.B. Sivaji, learned Government Pleader for Municipal Administration, Government of Andhra Pradesh and Sri Suresh Kumar Reddy Kalava, learned Standing Counsel for Nellore Municipal Corporation, apart from perusing the material available on record.

3. The Municipal Council, Nellore, vide resolution dated 20.3.1994, resolved to acquire an extent of Acs. 0-35.22 cents of land, situated in CAS No. 214 of Venkatrampuram, Nellore Town, Sri Potti Sriramulu Nellore District. The petitioners herein acquired the said property from their father, one Sri K. Radhakrishna Reddy, who passed away in the year 1991.

4. In pursuance of the above mentioned Council Resolution dated 20.3.1994, the Municipal Commissioner asked the petitioners to appear before him for negotiations, obviously, in exercise of the powers conferred under Section 42 of the Andhra Pradesh Municipalities Act, 1965. In response to the said notice, the petitioners herein appeared before the Municipal Commissioner and expressed their willingness for giving the subject land subject to allotment of alternative land of equivalent market value, belonging to Nellore Municipality in lieu of compensation in terms of money. The Municipal Council, Nellore, vide resolution dated 28.6.1996, agreed for allotment of alternative land. But subsequently, the Special Officer, Nellore Municipality, addressed a letter to the Tahsildar, Land Acquisition to initiate proceedings under the Land Acquisition Act, 1894, which made the petitioners to submit a representation dated 19.11.1995 against the said action.

5. S/Sri K. Syam Sundar Reddy and K. Muralidhar Reddy filed WP No. 22270 of 1996 against the said proposals. The composite High Court in WP MP No. 12751 of 1996 in WP No. 22270 of 1996, passed the following order on 17.10.1996:

"Mr. M.V. Ramana Reddy, learned Senior Counsel appeared for the petitioners fairly stated before the Court that the petitioners have no objection to give possession of the land, which is required for the purpose of providing approach road to the railway bridge and in respect of which the Municipal Council, Nellore Municipality has also passed appropriate resolution for providing alternative Municipal site by its resolution dated 28.6.1996 and the same has also been forwarded to the Government for its approval.

In the light of the above, there shall be stay of all further proceedings under the Land Acquisition Act, except to the extent that the respondent-authorities shall be entitled to take possession of the land required for the purpose of approach road, for which the petitioners have no objection as stated above."

6. Vide order dated 11.11.1996, WP No. 22270 of 1996 came to be disposed of by the composite High Court and the operative portion of the said order reads thus:

"It is now stated that the Municipal Engineer and the Commissioner In-charge, Nellore Municipality by his proceedings Rc. No. G-1/14151/86, dated 06.11.1996, addressed to the 4th respondent herein i.e., the Secretary to Government, Municipal Administration informed of the above interim orders and further stated that the owners of the land (petitioners herein) have handed over the land of an extent about 35-22 cents in the said CAS No. 214 which was required for the formation of the approach road for box type sub-way and possession of the site had been taken over on 5.11.1996 and requested the State Government to pass appropriate orders in the matter for enabling the Municipality to proceed further in the matter.

In the light of the above facts, it is apparent that the 4th respondent i.e., the State Government is now seized of the matter with regard to the resolution of the Municipality for allotting alternative s