JUDGMENT:

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. S.Chandra Sekhar, learned counsel for the appellants.

Ms. P.Bhavana Rao, learned Government Pleader for Land Acquisition for the respondents.

2. This intra court appeal is filed against an order dated 27.02.2008 passed by learned Single Judge in W.P.No.3125 of 2002, by which writ petition preferred by the appellants has been dismissed.

3. Facts giving rise to filing of this appeal briefly stated are that appellants were the owners of agricultural lands in Survey Nos.18, 76, 84 and 85, situated at Ambugaon and Thamsi Village, Adilabad District. The lands held by the appellants as well as other lands were ::2::

acquired under the provisions of Land Acquisition Act, 1894 (briefly referred to hereinafter as ‘the Act’) by the State Government. An award dated 23.04.1986 was passed determining the compensation. Some of the land owners sought a reference to civil Court under Section 18 of the Act. The District Judge, Adilabad by an order dated

09.12.1992 enhanced the amount of compensation.

4. Thereafter the amount of compensation was re-determined and an award was passed under Section 28-A(1) of the Act on 18.04.1999. The appellants received the compensation under the aforesaid award on 13.05.1999 and thereafter filed a petition under Section 28-A(3) of the Act seeking reference. The aforesaid application was not considered by the respondents.

5. Thereupon the appellants filed a writ petition namely W.P.No.3125 of 2002 before this Court seeking a direction to the Collector to refer the matter to District Court. The writ petition preferred by the appellants has been dismissed by learned Single Judge by an order dated 27.02.2008 inter alia on the ground that the appellants ::3::

have received the compensation without any protest on 13.05.1999 and therefore, they filed an application on 17.05.1999. In the aforesaid factual background, this appeal has been filed.

6. Learned counsel for the appellants submitted that the learned Single Judge erred in not appreciating that the appellants have filed an application under Section 28-A(3) of the Act which manifest their intention that the appellants have not accepted the award.

7. On the other hand, learned Government Pleader for Land Acquisition has supported the order passed by learned Single Judge.

8. We have considered the submissions made on both sides and have perused the record.

9. Section 28-A of the Act reads as under:

“28-A Re-determination of the amount of compensation on the basis of the award of the court:--(1) Where in an award under this Part, the court allows to the applicant any amount of compensation ::4::

in excess of the amount awarded by the Collector under Section 11, the persons interested in all the other land covered by the same notification under Section 4, sub- section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under Section 18, by written application to the Collector within three months from the date of the award of the court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court:

Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.

(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.

(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, require that the matter be referred by the Collector ::5::

for the determination of the court and the provisions of Sections 18