HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. 35596 OF 2025

ORDER:

This Writ petition is filed seeking the following prayer:-

“to declare the action of the 3rd Respondent in not referring the Petitioners Claim vide Petitioners Representation Dt 05.11.2015 for determination of proper compensation to the 4th Respondent herein in Award File No.B/2313 of 2007 (Award No.17/2015-16) Dt 04.11.2015 to the 4^th Respondent Authority as being illegal, and arbitrary action on the part of the 3^rd Respondent U/sec 64 of LA Act 30 of 2013 despite representations and consequently issue a direction directing the 3rd Respondent herein to forthwith making reference to the 4th Respondent in Award No. Form No.IX, File No.B/2313 of 2007 (Award No.17/2015-16) Dt 04.11.2015 to the 4th Respondent Authority in respect of the 1st Petitioner H.No.3-54, 2^nd Petitioner H.No.3-1, 3^rd Petitioner H. No.3-15, 4^th Petitioner H No.3-83, 5^th Petitioner H.No.3-64, 6^th Petitioner H.No.3-41, 7th Petitioner H No.3-26, 8th Petitioner H No.3-9, 9th Petitioner H No.3-77, 10th Petitioner H No.3-8, 11th Petitioner H.No.2-110, 12th Petitioner H No.3-23 of P12 and 13th Petitioner H No.3-3, situated at Rudravaram Village of Vemulawada Mandal, Sircilla District.”

2. Brief facts stated in this writ Petition are that the petitioners claims to be the residents of Rudravaram Village of Vemulawada Mandal, Rajanna Sircilla District. The case of the petitioners is that the respondent authorities proposed to acquire petitioners’ land for the purpose of constructions of Mid Manair Reservoir in the limits of Vemulawada Mandal, Rajanna Sircilla District. Thereafter, respondent authorities issued 4(1) notification under the Land Acquisition Act and subsequently under the old Act, respondent authorities passed award No.17/2015-16 dated 04.11.2015, determining meagre compensation compared to the market value. Hence, petitioners under Section 64 of the LA Act, 30 of 2013, made petitions on 05.11.2015 for proper determination of compensation, however, till date respondent No.3 has not forwarded the petitioners’ petitions dated 05.11.2015 to the respondent No.4.

Aggrieved by the same this writ petition is filed.

3. Learned counsel for the petitioners submits that in similar circumstance, this Court in W.P.No.5984 of 2025 vide order dated 28.02.2025 passed the following order:-

“Taking into consideration the facts and circumstances of the case and without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, with a direction to respondent No.2 to consider the representations submitted by the petitioners dated 25.05.2016, 28.10.2024, 04.11.2024, 11.1 1.2024, 14.11.2024, 16.11.2024, 18.11.2024, 19.11.2024, 06.12.2024, 10.12.2024, 13.12.2024, 16.12.2024, 17.12.2024 and 19.12.2024, and refer the matter to the competent authority, under the provisions of Section 64 of the Act 30 of 2013, within a period of two (2) months from the date of receipt of a copy of this order.”

4. Learned counsel for the petitioners further pray this Court to pass similar orders as passed in W.P.No.5984 of 2025 dated 28.02.2025.

5. Learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 to 4 did not dispute the same.

6. Heard and perused the material available on record.

7. Upon perusal of record, it is noticed that aggrieved by the award No.17/2015-16 dated 04.11.2015, petitioners on 05.11.2015, made petitions under Section 64 of the Act 30 of 2013, for enhancement of compensation and despite receiving the same, respondent No.3 did not forward the petitioners’ petitions to respondent No.4. Upon query raised by this Court, under what circumstances respondent No.3 did not forward the same, no instructions were placed.

8. For reference, Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is extracted hereunder:-

“64. Reference to Authority.–(1) Any person interested who has