ORDER :

1. The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ or Order more in the nature of Mandamus in declaring the action of the respondents in refusing to pay the compensation to the structures of the petitioners acquired under Section 4 (1) Notification dated 01.10.2005 situated in Kaluvayandalapalli, H/o Varikunta village, Atlur Mandal, Kadapa District vide endorsement dated 16.07.2014 and 22.04.2015 issued by the 3rd respondent as illegal, arbitrary and violative of principles of Articles 14, 21 and 300A of the Constitution of India and contrary to the provisions of Section 23 of the Land Acquisition Act, 1894 and consequently to pay the compensation to the acquired structures of the petitioners under Section 4 (1) Notification dated 01.10.2005 as per the current Standard Schedule Rules (SSR) prevailed as on the date of 4 (1) Notification.”

2. The case of the petitioners, in brief, is that petitioners 1 to 40 and 42 to 86 are the residents of Kaluvoivandlapalli village, Hamlet of Varikunta village and post. The 2nd respondent-the Special Collector (Land Acquisition), had issued 4(1) Notification vide proceedings GNSS/D/335/05, dated 29.09.2005, which was published in District Gazette No.39, dated 01.10.2005, for acquisition of the petitioners structures (residential Houses, Cattle sheds and agriculture godowns) for the purpose of construction of Somasila project. The petitioners earlier filed W.P.No.24288 of 2005 challenging 4(1) notification dated 01.10.2005, on the ground that the respondents 2 and 3 have failed to notify their structures in 4 (1) notification. The said writ petition was disposed of by directing the respondents to note down the physical features of the permanent structures. Pursuant to the order passed by this court, the District Empowered Committee has been constituted by the 1st respondent headed by the District Collector to examine the matter and thereafter, the District Empowered Committee had instructed the respondents 2 and 3 to obtain fresh requisition from Engineering Department and decided to complete the inspection by the special teams and also directed the 3rd respondent to prepare draft notification and draft declaration proposals were approved and published. The District Empowered Committee had enumerated all the existing structures and submitted enumeration list to the District Empowered Committee. Pursuant to the enumerated list, the structures of the petitioners were categorised under five Heads.

3. Pursuant to the said categorization, the Engineering Department had sent estimation report to the respondents 2 and 3 by estimating the structure value prevailing in the year 2002-2003. The 3rd respondent had addressed a letter through his proceedings Ref.No.C/241/2005, dated 07.06.2006 to the Executive Engineer Somasila Project Division IV informing that several defects were found in the estimation report and requested him to verify the estimation report and re-submit the same for taking further action by showing the defects in the estimation report in respect of adopting the value of their structures as the structure values were shown in the estimation report on the Standard Schedule Rates prevailing in the year 2002-2003 instead of estimating the structure values at the Standard Schedule Rates prevailed as on the date of issuance of 4 (1) Notification i.e. 01.10.2005. The 3rd respondent, having addressed a letter dated 07.06.2006 and without obtaining a fresh estimation report from the Engineering Department, had erroneously passed consent award vide Award No.3/2006-2007, dated 31.07.2007 by determining the compensation with the Standard Schedule Rates prevailed in the year 2002-2003 though the petitioners are entitled compensation at the Standard Schedule Rates prevailing as on the date of issuance of 4(1) Notification dated 01.10.2005.

4. Further, the petitioners made a representation on 16.11.2006 to the 3rd responden