An award passed beyond the statutory period under Section 11A of the Land Acquisition Act, 1894, and extended by court direction, and also passed against a deceased claimant without impleading legal heirs, is invalid and liable to be set aside.

COMMON ORDER

The present Civil Revision Petition is filed against the orders in I.A.No.882 of 2013 in O.P.No.127 of 2014, wherein the petitioners are the claimants in L.A.O.P.No.127 of 2014.

2. The Writ Petition No.9896 of 2013 has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief/s, viz.,

“…to issue Writ Order or Direction more particularly one in the nature of WRIT OF CERTIORARI call for the records relating to the 3rd Respondent proceedings in Rc.No.F/D/A/4420/1989 dated 20.02.2013 in respect of the lands in Sy.No.154/2 admeasuring Ac.117gts situated at Somidi Village Hanamkonda Mandal Warangal District acquired by the 1st Respondent through notification in Proceedings No WGL/LA/06/2000 dt.10.07.2000 issued under 41 of the Land Acquisition Act for the purpose of constructions of Godowns of the 4th Respondent is illegal arbitrary and set aside the same consequently direct the Respondents to pass award a fresh by granting all statutory benefits as contemplated under Land Acquisition Act i.e., 12 additional market value per annum and interest on solatium and additional market value and damages or 15 per annum on compensation in respect of lands in Sy.No.154/2 admeasuring Ac 117gts situated at Somidi Village Hanamkonda Mandal Warangal District and to pass”

3. The Writ Petition No.17418 of 2014 has been filed by the petitioner under Article 226 of the Constitution of India seeking the following relief/s, viz.,

“…to issue an order writ or direction more particularly in the nature of writ of Mandamus declaring the action of the 3rd respondent in passing the award in Rc.No.F/D/A/4420/1989 dated 20.02.2013 is illegal arbitrary violation of principles of natural justice honest in the eye of law and contrary to the provisions of the Land Acquisition Act and set aside the same and consequently direct the respondents to issue notification afresh in respect of the lands in Sy.No.154/2 admeasuring Ac.1.17 gts situated at Somidi Village Hanamkonda Mandal Warangal District by following the procedure contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 Act 30/2013 and pass award in respect of the above lands and pass”

4. Heard Sri J. Prabhakar Rao, learned Senior Counsel, representing Sri J. Venkateswara Reddy, learned counsel for the petitioners, Sri E. Ramesh Chandra Goud, learned Government Pleader for Acquisition, Sri Herur Rajesh Kumer, learned Government Pleader for Arbitration and Sri P. Venugopal Reddy, learned counsel representing respondent No.4. Perused the entire material on record.

5. The petitioners, being claimant Nos.1 and 2, are the absolute owners of land admeasuring Ac.1.07 gts in Sy.No.154/B of Somidi Revenue Village, Hanamkonda Mandal, Warangal District. The respondents took possession of the said land on 02.06.1983 and handed it over for construction of godowns, without initiating any proceedings under the Land Acquisition Act at that time. Despite several representations seeking initiation of acquisition proceedings and payment of compensation, no action was taken, compelling the petitioners to file W.P.No.10226 of 1993. This Court vide order dated 14.07.1999, directed the respondents to initiate acquisition proceedings and complete the same within four (4) months.

6. Pursuant thereto, a notification under Section 4(1) was issued on 10.07.2000, followed by a declaration under Section 6, an award came to b