THE HON’BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.29185 of 2013

ORDER

This Writ Petition is filed with the following prayer : “ to issue any appropriate Writ, order or direction, preferably a Writ in the nature of Mandamus declaring the Memo bearing No.C/38/2013 dated 03-09-2013 issued by the 3^rd respondent as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India by setting aside the same and pending disposal of the above Writ Petition, direct the 3^rd respondent to forward the application under Section 18(1) of the Land Acquisition Act, submitted by the petitioners for reference to the Court for enhancement of the Award amount, as per market value, in respect of petitioners’ agricultural land admeasuring Ac.0.18½ gts in Survey No.145 of Mylardevpally village, Rajendranagar Mandal, Ranga Reddy District covered by Award No.C/68/2007 dated 10-01-2008; and pass such other order or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition appearing on behalf of respondents, and perused the record.

3. The brief facts giving rise to filing of the present Writ Petition are that the petitioners are the owners of agricultural land admeasuring Ac.8.00 situated in Sy.Nos.137, 142, 143, 146, 134, 138, 144, 145 and 145/1 of Mailardevpally village, Rajendranagar Mandal, Ranga Reddy District; that the respondents had issued notification under Section 4(1) of the Land Acquisition Act, 1894 ( for short ‘the Act’) seeking to acquire land to an extent of Ac.0.23 gts; that a gazette was published to the above effect vide Gazette dated 28-07-2007; and that the aforesaid acquisition was meant for development of P-7 road from Mailardevpally to Srisailam road via Jalpalli.

4. It is the further case of the petitioners that though, the respondent authorities by the notification issued under Section 4(1) of the Act gazetted on 28-07-2007 proposed to acquire land to an extent of Ac.0.23 gts, were in fact acquiring land to an extent of Ac.1.08 gts of petitioners’ land, the petitioners approached this Court by filing a Writ Petition vide W.P.No.2699/2008; and that this Court by order dated 24-04-2008 in a Miscellaneous Petition filed in the aforesaid Writ Petition, directed the respondent authorities to develop the road from Mailardevpally to Srisailam Road via Jalpalli only to the extent of land notified in the notification issued under Section 4(1) of the Act on 28-07-2007.

5. It is the further case of the petitioners that though, the respondent authorities by the aforesaid notification issued, had claimed of land to an extent of Ac.0.23 gts is only being acquired for the purpose of road, in fact have laid the road in petitioners’ land to an extent of Ac.1.08 gts and having found that they have committed a mistake, have issued yet another notification published in the Gazette on 02-03-2012 and thereafter issued notification dated 10-12-2012 whereby, the respondent authorities expressed their intention to acquire further land to an extent of Ac.0.28½ gts belonging to the petitioners.

6. It is the further case of petitioners that if the land which was proposed to be acquired under the notification dated 28-07-2007 and the land proposed to be acquired under the second notification dated 10-12-2012 are put together, the same would total to the extent of land being claimed by the petitioners of being used for laying road without initially acquiring the same.

7. It is the further case of the petitioners that though, the respondent authorities on issuing notice under Section 4(1) of the Act dated 28-07-2007 have passed an award on 10-01-2008, and insofar as the second land acquisition of Ac.0.28½ gts is concerned, an award was passed on 03-07-2013, the amounts under the award dated 10-01-2008 and 03-07-2013 were disbursed to the petitioners on the same day; that the petitioners received the said