M.A. Qayyum v. The Special Dy. Collector (Land Acquisition),

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.35128 of 2015 ORDER:

Heard the learned counsel for the petitioners. Nobody appears for the respondent today also.

The grievance of the petitioners is limited with regard to non-consideration of their application to refer the Award passed by the Land Acquisition Officer to a competent Civil Court under Section 18 of the Land Acquisition Act, 1894. The petitioners state that the land in T.S.No.113/2 was acquired in respect of Premises No.8-2-247/A at Panjagutta X Roads, Hyderabad and after publication of draft declaration under Section 6 of the Act, issued notice under Sections 9(3) and 10 of the Act on 19-052006 and award enquiry was taken up and the award was passed in Proceedings No. B1/1281/15, dated 15-09-2006. However, since there was a dispute with regard to apportionment, the matter was referred to the Senior Civil Judge, Hyderabad, in O.P.No.118/12. The petitioners have already filed a claim petition in the said O.P. and it is stated that as per the Civil Court order, dated 27-01-2014, the petitioners are entitled to the compensation amount.

The petitioners have filed the application on 17-02-2014 seeking enhancement of compensation and for that purpose a reference be made to the Civil Court. The said application is stated to be pending before the respondent. Alleging inaction on the part of the respondent, the petitioners filed the present writ petition. Since the grievance of the petitioners is limited with regard to consideration of their aforesaid application, I deem it appropriate to direct the respondent to examine the petitioners aforesaid application seeking reference and if the said application is in accordance with law, pass appropriate orders thereon expeditiously, in any case, within six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 24-11-2015 Prv

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

W.P.No.35128 of 2015

24-11-2015 Prv