THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO LAAS.No.377 of 2016 and Cross Objections No.2901 of 2017 and W.P.No.20896 of 2017 COMMON JUDGMENT:

(Per Hon’ble Sri Justice Abhinand Kumar Shavili)

All these matters are being disposed of by way of this common judgment since the issue raised in these matters is one and the same.

2. Aggrieved by the judgment and decree, dated 09.02.2016 passed in LAOP.No.100 of 2011 by the learned II Additional District Judge, Ranga Reddy District, L.B.Nagar (for short, reference Court). LAAS.No.377 of 2016 is filed by the Land Acquisition Officer, Cross Objections No.2901 of 2017 in LAAS.No.377 of 2016 are filed by the claimants and W.P.No.20896 of 2017 is filed by the beneficiaries, at whose instance, land was acquired.

3. Heard Sri P. Narsimha Sharma, learned Senior Counsel representing learned Deputy Solicitor General of India appearing for the writ petitioners in W.P.No.20896 of 2017; the Government Pleader for Appeals appearing for the appellant-Land Acquisition Officer in LAAS.No.377 of 2016 and Sri Harender Pershad, learned Senior Counsel appearing for the claimants, who has filed Cross Objections No.2901 of

2017.

4. The Government Pleader for Appeals and the learned Senior Counsel appearing for writ petitioners had contended that the land belonging to the claimants was acquired by issuing notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) on 06.07.2006. Thereafter, a declaration under Section 6 of the Act was issued on 06.07.2007. The Land Acquisition Officer after conducting necessary enquiry has passed an Award on 10.04.2008 fixing the compensation for the acquired land at Rs.600/- per square yard. Aggrieved by the Award passed by the Land Acquisition Officer, the claimants have sought reference, under Section 18 of the Act, for enhancement of compensation by filing L.A.O.P.No.100 of 2011 and the reference Court has enhanced the compensation from Rs.600/- per square yard to Rs.1250/- per square yard vide order, dated 09.02.2016. Aggrieved by such enhancement of compensation, the Land Acquisition Officer has filed L.A.A.S.No.377 of 2016 before this Court and the beneficiaries have filed W.P.No.20896 of 2017.

5. Learned counsel for the writ petitioners had further contended that the reference Court has not issued any notice to the writ petitioners /beneficiaries and has enhanced the compensation behind the back of the writ petitioners. As per the law laid down by the Hon’ble Supreme Court in Neyvely Lignite Corporation Ltd v. Spl. Tahsildar, (Land Acquistion) Neyvely and others, [1995 (1) SCC 221], the reference Court should give notice to the beneficiaries, because ultimately it is the beneficiaries, who have to pay enhanced compensation. However, the reference Court has not issued any notice to the beneficiaries and has enhanced the compensation behind the back of the writ petitioners/beneficiaries. Aggrieved by the non- issuance of notice to the writ petitioners/ beneficiaries, W.P.No.20896 of 2017 is filed.

6. Learned Government Pleader for Appeals appearing for the Land Acquisition Officer had contended that the reference Court has enhanced the compensation from Rs.600/- per square yard to Rs.1250/- per square yard and the reference Court has not assigned any reason for enhancing the compensation. Therefore, appropriate orders be passed in the writ petition and L.A.A.S by setting aside the judgment, dated 09.02.2016 passed by the learned II-Additional District Judge, Ranga Reddy District, L.B.Nagar in L.A.O.P.No.100 of 2011 and allow the cases.

7. On the other hand, learned Senior Counsel appearing for the claimants, had contended that the claimants have filed Cross Objections No.2901 of 2017 seeking enhancement of compensation. Learned Senior Counsel had further contended that the issue raised in the present case is squarely covered by the judgment rendered by the Division Bench of this Court in W.P