IMPORTANT POINT
The court clarified that applications under Sections 18 and 28-A of the Land Acquisition Act are distinct, allowing the petitioner to pursue enhancement of compensation despite prior rejections.

ORDER :

(K. Sarath, J.) :

Heard learned counsel appearing for the petitioner and learned Government Pleader for Land Acquisition appearing for the respondent and perused the material on record.

2. Learned Counsel for the petitioner submits that the petitioner-Company is the absolute owner and possessor of land to an extent of 35 Guntas in Sy.Nos.449 and 450 situated at Patancheru Mandal, said Medak District. The respondent-authority have acquired the said land for laying a new broad-gauge railway line from Tellapur to Patancheru and passed award vide Proceedings No.B/6346/81, dated 18.09.1986. Thereafter, though the petitioner made application under Section 18 of the Land Acquisition Act, 1894 (for short ‘the Act’) to refer the matter to the Civil Court for enhancement of the compensation on 04.11.1986, but, the respondent-authority have referred the matter under Sections 30 and 31 of the Act, stating that the Andhra Pradesh Industrial Infrastructure Corporation (APIIC) has vested with the lands. The Civil Court passed order in O.P.No.265 of 1987, dated 15.12.1989 holding that the APIIC is entitled to receive the compensation against the claim of the petitioner.

3. Learned Counsel for the petitioner further submits that aggrieved by the said Judgment and Decree in O.P.No.265 of 1987, the petitioner preferred appeal before this Court in A.S.No.315 of 1990 and this Court allowed the said appeal on 09.06.2000 and declared that the petitioner was entitled to receive the compensation and the petitioner received the award amount while the petition filed under Section 18 of the Act remains pending. After the pronouncement of the Judgment in A.S.No.315 of 1990, the petitioner made several representations to the respondents to refer the matter to the Civil Court for enhancement of the compensation amount under Section 18 of the Act, but the respondent did not take any action.

4. Learned Counsel for the petitioner further submits that the Civil Court awarded compensation for the acquired land under the same award at the rate of Rs.85/- per Sq.Yard and enhanced 30% in O.P.Nos.270 of 1987 to 272 of 1987, dated 03.11.1987. Aggrieved by the same, the respondent preferred appeal in A.S.Nos.2557 of 1989, 685 of 1989 and 1745 of 1992 before this Court and this Court dismissed the said appeals on 08.09.1992 by confirming the award of the Civil Court and the petitioner is entitled for the enhanced compensation on par with the other land losers. The application of the petitioner was not referred to the Civil Court for enhancement of the compensation and passed impugned orders. In view of the same, the petitioner approached this Court and filed the instant writ petition requesting to direct the respondent to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act, 1894.

5. Learned Government Pleader appearing for the respondent basing on the counter averments submits that the petitioner had already filed an application under Section 28-A of the Act on 24.03.2003 with a request to re-determine the compensation as per the common Order and Decree passed in O.P.Nos.270 of 1987 to 272 of 1987, dated 03.11.1987 and the said application was rejected as barred by limitation. Now, after lapse of more than nine (9) years, the petitioner filed this writ petition seeking a direction to refer the matter to Civil Court under Section 18 of the Act in pursuance to his application dated 04.11.1986 and the award was passed on 18.09.1986. Therefore, the petitioner cannot seek reference under Section 18 of the Act after rejecting the application filed under Section 28-A of the Act and the writ petition is not maintainable and the same is devoid on merits.

6. After hearing both sides and perusing the record, this Court is of the considered view that admittedly the respondent-authority has acquired land of the petitioner and the land acquisition award was passed on 18.09.1986. In view of the same, the petitioner filed application under Section 18 of