The Acquisition Officer must refer disputes over land title to the Competent Authority under Act 30 of 2013 instead of deciding them, ensuring adherence to statutory provisions.

Judgment :

R. Raghunandan Rao, J.

Heard Sri N. Subbarao, learned Senior Counsel appearing for Sri Sivaprasad Reddy Venati, learned counsel for the appellants; Sri O. Manohar Reddy, learned Senior Counsel appearing for Sri C. Subodh, learned counsel appearing for respondents 1 to 3 and the learned Government Pleader for Land Acquisition appearing for the official respondents.

2. One late Sri K. Radha Krishna Reddy was the owner of about 317 Ankanams of land situated at C.A.S. No.214 of Venkatrampuram, Nellore Town. He passed away leaving behind his three sons and three daughters. It appears that the three sons sold away about 100 Ankanams of land, by way of registered deed of sale in the year 1993. Thereafter, the remaining land, admeasuring about 217 Ankanams was sought to be acquired, for construction of an under-bridge beneath a railway gate. The Nellore Municipality (subsequently Municipal Corporation) issued a notification on 05.04.1994, calling upon the legal heirs of late Sri Radha Krishna Reddy to appear before the Municipal Commissioner for negotiations. At that stage, the three sons of late Sri K. Radha Krishna Reddy are said to have proposed an exchange of land instead of monetary compensation. A Negotiation Committee considered this offer and initially proposed allotment of Ac.2.36 cents of land in lieu of the 217 Ankanams of land sought to be taken over by the Municipality. After further consideration, the extent of land was reduced to Ac.1.76 cents, situated at three different places. This proposal was accepted by the Municipal Council by its resolution, dated 21.07.1996. However, this proposal was rejected by the Government when it was sent for approval and the Government, by way of G.O.Rt.No.802, dated 08.10.1997, modified the proposal reducing the extent of land to Ac.1.06 cents. Being aggrieved by this reduction, one of the sons of late Sri K. Radha Krishna Reddy moved W.P.No.35515 of 1997 before the erstwhile High Court of Andhra Pradesh. During the pendency of this Writ Petition, the three daughters of late Sri K. Radha Krishna Reddy impleaded themselves in the Writ Petition, contending that they also had a claim over the property. A learned Single of the erstwhile High Court of Andhra Pradesh, by an order, dated 25.10.2002, had allowed the Writ Petition, setting aside G.O.Rt.No.802, with a further direction to the Government to reconsider the request and to send it back to the Municipal Council, if any modification is required. W.A.Nos.1052 and 1049 of 2004 filed against this order came to be dismissed.

3. Thereafter, the three sons of late Sri K. Radha Krishna Reddy approached the Nellore Municipality stating that the land, that was proposed to be taken over, had been partionedbetween the three sons of late Sri K. Radha Krishna Reddy and that an alternative land should be given to them. The Municipal Council, on the basis of this representation and on the ground that there was an oral partition between the three sons of late Sri K. Radha Krishna Reddy, which came to be reduced to writing, by way of a document, dated 24.08.1992, had decided to execute three separate deeds of exchange. The said deeds of exchange were executed in the year 2013.

4. At that stage, the daughters of late Sri K. Radha Krishna Reddy filed O.S.No.140 of 2013 before the District Judge, Nellore. The prayer in the said suit was to direct the three sons of late Sri K. Radha Krishna Reddy (defendants 1 to 3 therein) to partition the suit schedule A, B & C items of property allotted by the Municipality under the exchange deeds into six equal shares and to put the three daughters in possession, of two shares, by passing a