ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

“……to issue an Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the the Award no.2/2017-18 dated 30.06.2017 passed by the 3rd respondent without issuing award enquiry notice which is contrary to sec 21 of the Act and violation of Article 14, 21 and 300-A of the constitution of India and consequently direct the respondents to pay the compensation to the petitioners acquired land in an extent of Ac.1-73 cents in sy.no.257, 258 and 259/2 belonging to the 1st petitioner and an extent of Ac.1-70 cents in sy.no.260/2 belonging to the 2nd petitioner as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and taking into consideration of the report dated 13.04.2017 submitted by the 4th respondent by setting aside the Awardd no.2/2017-2018 dated 30.06.2017 and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case…..”.

2. The 1st petitioner has retained an extent of Ac.1-73 cents covered by survey nos.257, 258 and 259/2 and the 2nd petitioner retained an extent of Ac.1.70 cents land in survey no.260/2 after formation of Branch-1 cannel under Telugu Ganga Project. While so in the year 2011, the respondents wanted to lay B.G. Railway line from Obulavaripalli to Krishnapatnam and the 1st respondent issued notification to acquire the land including the land of petitioners. The petitioners herein having been aggrieved the said notification constrained to file W.P. No.2868/2011 seeking a direction to conduct enquiry under Section 5 of the Land Acquisition Act, 1894 (hereinafter referred to as Act, 1894). The said Writ Petition was disposed of directing the respondents to conduct an enquiry by giving liberty to the petitioners to file objections. Despite, the said direction in W.P. No.2868 of 2011 the respondents have not conducted any enquiry and issued draft declaration dated 16.01.2012 under Section 6 of the Act, 1894. Therefore, the petitioners herein once again filed W.P.No.2132 of 2012. The said Writ Petition was disposed of on 29.06.2016 directing the respondents to initiate land acquisition proceedings as per the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act 2013”). As the respondents herein have failed to oblige the order in W.P. No.2132 of 2012, the petitioners herein have filed Contempt Case i.e. C.C.No.1082 of 2017. After filing of contempt case, the respondents herein have made an award under section 26 of the Act, 2013 without issuing any notice as contemplated under Section 21 of the Act, 2013.

3. Hence, the present Writ Petition came to be filed to set aside the Award No.2/2017-2018 dated 30.06.2017 of the 3rd respondent on the ground that the Award was made without issuing any notice under Section 21 of the Act and which is violation of Articles 14, 21 and 300A of the Constitution of India and consequently prayed to direct the respondents to pay compensation to the acquired land for an extent of Ac.1.23 cents in sy.no.257, 258 and 259/2 belongs to the 1st petitioner and for an extent of land Ac.1-70 cents in sy.no.260/2 belong to the 2nd petitioner as per the Act, 2013. The petitioners herein are disputing the award on the following grounds:

i. The land acquisition officer has not determined the market value of the compensation to the acquired lands of the petitioners as required under Section 26 of the Act, 2013 and ignored the report of the Mandal Revenue Officer dated 13.04.2017 which clearly refer the market value of the proposed land fixed at Rs.6,00,000/- per acre. and ii. The Land Acquisition Officer was not justified in applying multiplication factor at 1.25 which is contrary to sub- section 2 of Section 13 of the Act, 2013 and