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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
Paturu Yerragangaiah Gari Avul Reddy – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 32565 of 2018
Decided On : 09-02-2022
Constitution of India, 1950- Articles 226, 14 and 300-A - Land Acquisition Act - Sections 18, 31(2) , 11(2) and sub-section (1) of Section 23 - Acquisition of land - Quantum of compensation - Draft Notification and Declaration proposals - Petitioners were the owners of different extents of land and structures thereon in Bandarupalli Village, Vontimitta Mandal, Y.S.R. Kadapa District, which were submerged under the backwaters of Somasila Project. The respondent authorities inspected the land - Draft Notification and Declaration proposals were submitted to the Special Collector, Kadapa on 01.11.2007 and 10.12.2007 respectively - petitioners did not agree with the quantum of compensation and submitted applications under Section 18 of the Land Acquisition Act to refer the applications with the Advocate covering letter dated 05.04.2008 which was endorsed by the respondent office - Court directed the respondent authorities therein to refer the matter to the Civil Court for determination of the compensation as provided under Section 18 of the Land Acquisition Act.
Finding of the Court:
When an Award is passed by consent, a right of a landholder to obtain an order of reference would arise only when he has not accepted the award. Once such award is accepted, no legal right in him survives for claiming a reference to the Civil Court. An agreement between the parties as regard the value of the hands acquired by the State is binding on the parties. So long as such agreement and consequently the consent awards are not set-aside in an appropriate proceeding by a Court of law having jurisdiction the petitioners have no right to claim compensation more than the amount awarded for the structures - petitioners adopted a different procedure circumventing the law and such recourse is impermissible.
Result: Writ petition is dismissed.
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:
2. The petitioners were the owners of different extents of land and structures thereon in Bandarupalli Village, Vontimitta Mandal, Y.S.R. Kadapa District, which were submerged under the backwaters of Somasila Project. The respondent authorities inspected the land on 07.11.2007 and thereafter, Draft Notification and Declaration proposals were submitted to the Special Collector, Kadapa on 01.11.2007 and 10.12.2007 respectively. After following due procedure under Land Acquisition Act, Award dated 18.03.2008 was passed by the Special Deputy Collector, (LA), G.N.S.S. Unit-II, Kadapa. But, the petitioners did not agree with the quantum of compensation and submitted applications under Section 18 of the Land Acquisition Act to refer the applications with the Advocate covering letter dated 05.04.2008 which was endorsed by the respondent office receiving date dated 07.04.2008. In W.P. No. 13315 of 2007 dated 10.08.2010, the Court directed the respondent authorities therein to refer the matter to the Civil Court for determination of the compensation as provided under Section 18 of the Land Acquisition Act. As the respondents did not take any action as per the Land Acquisition Act, the petitioners filed the present writ petition.
3. Respondent No. 3-Special Deputy Collector (Land Acquisition), Galeru Nagari Sujala Sravanthi Project, Unit-II, Kadapa, filed counter affidavit, denying material allegations, while admitting passing of Award Nos........2007-08 dated 18.03.2008, contended the subject lands of the petitioners got surveyed in Bandarupalli Village of Vontimitta Mandal for the purpose of construction of Somasila Project. Afterwards, Draft Notification and Declaration Proposals were submitted to the Special Collector (LA), G.N.S.S. Kadapa by the then SDC, GNSS Unit II, Kadapa. The Special Collector (LA), G.N.S.S. Kadapa approved the Draft Notification for an extent of 32.56 Acres of patta lands in respect of the Survey Nos. 384, 344, 343 etc. vide Gazette No. 366 dated 01-11-2007 and published in news papers viz. Vartha and Sayamkalam (telugu dailies). The draft declaration was also approved for an extent of 30.92 Acres (1.64 Acres not covered) of patta lands for the same survey numbers vide Gazette No. 6 Dated 14-12-2007 and published in Sayamkalam paper on 20-12-2007 and in Vartha on 21-12-2007, as per the AP Land Acquisition Act, 1894. The then SDC, GNSS, Unit 2, Kadapa submitted proposals to the Special Collector, GNSS, Kadapa vide Report No. H/200/2007 with the statement along with the sales statistics and the recommended market value is fixed at Rs. 70,000-00 per acre. The Special Collector (LA), GNSS, Kadapa approved the proposals on 30.1.2008. The District Collector and Chairman, District Empowered Committee, issued the Proceedings vide Gazette No. 1/1194/2007 dated 18.1.2008, for a consent value of 5,000-00 per acre for dry lands and Rs. 1,25,000-00 per acre for ID lands under Somasila Project land acquisition for Kadapa District. Accordingly, the then SDC&LAO, Kadapa passed the consent award in the 1st spell for an extent 30.92 Acres of patta land in Bandarupalli Village of Vontimitta Mandal, YSR District vide Award No. Nil/2007-2008 dated 18.3.2008 for Rs. 66,61,815-00 including tree values @ Rs. 1,25,000.00 per acre for the lands. The amount of compensation was also paid to the awardees. Once consent award is passed, petitioners are not entitled for reference under Section 18 of the L
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