The provisions of Section 28A of the Land Acquisition Act, 1894, should be construed to advance the policy of the legislation to extend the benefit rather than curtailing it.

ORDER :

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

“…issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not increasing the amount for Rs.18,000/- per one acre as per the judgment in L.A.O.P.No.118/1982 dated 27.09.1988 in the Re-determination Award No.9/28A/2007-2008, dated 02.02.2008 and in the P.V. Proposals dated 10.10.2010 of the 3rd respondent is arbitrary, illegal, without jurisdiction and also in violation of the procedure u/s 28A of the Land Acquisition Act and consequently direct the respondents to pay the compensation to the petitioners @ Rs.18,000/- for one acre as per the judgment in L.A.O.P.No.118/1982 and batch dated 27.09.1988 with all statutory benefits …”

2. Averments in affidavit, in brief, are that:

(a) Petitioners 108 in number filed the above writ petition. One Boyyala Guravaiah deposed the affidavit. Notification under Section 4(1) of the Land Acquisition Act, 1894 (herein after referred to as “the Act”) was published in Andhra Pradesh Gazette dated 22.12.1977. After following the procedure, Award No.12/80-81, dated 29.12.1980, was passed by the Land Acquisition Officer. The Land Acquisition Officer awarded compensation of Rs.7,800/- per acre in respect of wet land and Rs.4,600/- per acre in respect of dry land. The Land Acquisition Officer also awarded solatium at 15%. Some of the claimants received the compensation amount, under protest, sought for reference under Section 18 of the Act. Reference was made and the same was numbered as O.P.No.118 of 1982 on the file of the Sub-ordinate Court, Kadapa. Reference Court by order dated 27.09.1988, enhanced the market value and also granted other statutory benefits i.e. solatium @ 30%, additional market value @ 12%, interest @ 9% for the 1st year from the date of award and 15% afterwards.

(b) After the order of reference court, petitioners made application under Section 28-A of the Act to respondent No.3. Since, the respondent No.3 is not acting upon the applications made by the petitioners, petitioners filed W.P.No.3415 of 2008. The said writ petition was disposed on 18.03.2009, directing to pay compensation, as decided by the Civil Court in L.A.O.P.No.118 of 1982 and batch, dated 27.09.1988.

(c) Respondent No.3 prepared the statement showing P.V. proposals relating to re-determination amount of compensation under Section 28-A of the Act, as per the order passed by the reference Court in L.A.O.P.No.118 of 1982 and batch, dated 27.09.1988 and passed award No.9/28A/2007-2008, dated 02.02.2008. Respondent No.3 while passing award under Section 28-A of the Act, has not redetermined the amount as per the judgment L.A.O.P.No.118 of 1982 and batch, dated 27.09.1988. Aggrieved by the said action, petitioners filed the above writ petition.

3. Counter affidavit was filed on behalf of respondent Nos.2 & 3. It was contended inter-alia that:

(a) Vakamada Village of Gopavaram Mandal, YSR Kadapa District is one among the submerged villages, under the foreshore waters of Somasila project. Acquisition Department furnished particulars to acquire land of an extent of Ac.300.24 cents pertaining to Reach No.XIV of Vakamada Village, Erstwhile Sidhout Taluk, Gopavaram Mandal, YSR Kadapa District. Notification under Section 4(1) of the Act was approved and published in Andhra Pradesh Gazette dated 22.12.1977. After following the procedure, Award No.12/1980-81, dated 29.12.1980 was passed. All the awardees received compensation. Some of the awardees filed applications under Section 18 of the Act. Accordingly, the applications were referred to the Civil Court under Section 18 of the Act, for adjudication. Reference Court enhanced the compensation by judgment dated 27.09.1988.

(b) The Special Deputy Collector/Land Acquisition Officer filed appeal before the High Court of Andhra Pradesh against the order passed by the reference Court in