APHC010346722010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 258/2010 Writ Appeal under clause 15 of the Letters Patent Appeal preferred against the order dated 27.11.2009 passed in WPNo.26895/2008. Between: 1. THE SPL. COLLECTOR (LA) & ANO, GALERU NAGARI SUJALA SRAVANTHI PROJECT SANKARAPURAM, KADAPA, KADAPA DISTRICT. 2. THE SPECIAL DEPUTY COLLECTOR, (L.A.), TELUGU GANGA PROJECT, UNIT - II KADAPA. 3. ., TELUGU GANGA PROJECT, UNIT - II KADAPA. ...APPELLANT(S) AND 1. PALLE YELLA REDDY 54 OTHERS, S/O. PEDDA YELLA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2- 577-2, NEHRU NAGAR, 2. PALLE PEDDA YELLA REDDY, S/O. PEDDA YELLA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 3. PALLE LAKHUMAMMA, W/O. YELLA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 4. PALLE CHINNA YELLA REDDY, S/O. PEDDA YELLAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2 2, NEHRU NAGAR, 5. PALLE SUBBA REDDY, S/O. CHINNA CHENNAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 6. PALLE LAKSHUMMA, W/O. CHINA YELLA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 7. MAMIDI YELLAMMA, W/O. NAGI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 8. DUNNUTHALA CHINNA ROSI REDDY, S/O. NARASA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 9. DUNNUTHALA PEDDA ROSI REDDY, S/O. NARASA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 10. DUNNUTHALA YANADI REDDY, W/O. CHINNA YELLAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 11. PALAKONDU AUDI LAKSHUMMA, W/O. GOPAL REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 12. DUNNUTHALA YELLAMMA, W/O. YANADI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 13. DUNNUTHALA YELLAMMA, W/O. PEDDA ROSI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 14. NALLAPOTHULA LAKSHMI DEVI, W/O. RAMANAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 15. NALLAPOTHULA GOVINDAMMA, W/O. VENKATA SUBBAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 3 16. DUNNUTHALA SUJATHA, W/O. SUDHAKAR REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 17. BANDREDDI SUBHAS CHANDRA REDDY, W/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2- 577-2, NEHRU NAGAR, 18. BANDREDDI KRISHNA REDDY, S/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 19. PALAKONDU NARSA REDDY, S/O. NADIPI NARASIMHULU R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 20. BANDREDDI SUBBA REDDY, S/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 21. RACHAPALEM BUJJAIAH, S/O. NAGAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 22. RACHAPALEM SUBBAIAH, S/O. BUJJAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 23. BANDREDDI CHINNA SUBBA REDDY, S/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 24. BANDREDDI RAMA LAKSHUMMA, W/O. KRISHNA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 25. BANDREDDI VENKATA SUBAMMA, W/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 26. BANDREDDI SRINIVASULU REDDY, S/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 27. BANDREDDI KRISHNA REDDY, S/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU 4 NAGAR, 28. BANDREDDI SUBASH CHANDRA REDDY, S/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2- 577-2, NEHRU NAGAR, 29. DEVI REDDY SUBBA LAKSHUMMA, W/O. VENKAT REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 30. BANDREDDI YELLAMMA, W/O. CHINNAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 31. BANDREDDI CHINNAIAH, S/O. PEDDA VENKATA SUBBAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 32. DEVI REDDY VENKATA REDDY, S/O. GOPAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 33. BANDREDDI CHINNAIAH, S/O. PEDDA VENKATA SUBBAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 34. AUDURI SUBBAMMA, S/O. VEERAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 35. AUDURI SIVA REDDY, S/O. VEERAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 36. RENDLA SUBBA REDDY, S/O. R SESHAIAHGARI SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2- 577-2, NEHRU NAGAR, 37. BANDREDDI KANTHAMMA, W/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 38. THANGA NARSAMMA, W/O. NAGAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 39. THANGA NAGAIAH, S/O. PAPAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 5 40. AAREM SUBBA NARASA REDDY, S/O. GANJI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 41. AAREM LAKSHMI NARASA REDDY, S/O. PITCHI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 42. PIDUGU RAMA CHANDRA REDDY, S/O. KONDA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 43. PIDUGU CHINNA SUBBA REDDY, S/O. KONDA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 44. PIDUGU CHINNAPPA REDDY, W/O. KONDA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 45. RENDA SUBBA LAKSHUMMA, W/O. SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 46. MADU EASHWAR REDDY, W/O. GANGI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 47. P RAMI REDDY, S/O. CHINNA KONDAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 48. AAREM NARSIMHA REDDY, S/O. PITCHI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 49. R SUBBA REDDY, S/O. NAGI REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 50. PIDUGU RAMA CHANDRA REDDY, S/O. KONDA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577- 2, NEHRU NAGAR, 51. MODEM KONDAMMA, W/O. THIRUPALU R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 6 52. CHILAMKURU PEDDA PEERAIAH, S/O. NARSAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 53. RENDLA SUBBA REDDY, S/O. SESHAIAHGARI SUBBA REDDY R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2- 577-2, NEHRU NAGAR, 54. MAMIDI OBUL REDDY, S/O. CHENCHAIAH R/O. KADAPA. C/O. B. SUBHASH CHANDRA REDDY, R/O. H.NO. 2-577-2, NEHRU NAGAR, 55. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS SECRETARY, IRRIGATION & COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, HYDERABAD. ...RESPONDENT(S): IA NO: 1 OF 2010(WAMP 586 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order in WPNO.26895 of 2008 dated 27.11.2009 pending disposal of the writ appeal IA NO: 2 OF 2010(WAMP 833 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the Additional Material Papers filed herewith along with the other material papers filed along with Writ Appeal No.258/2010 IA NO: 3 OF 2010(WAMP 32428 OF 2010 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring the petitioner 59th respondent in the above Writ Appeal as a legal heir of respondent No.52, i.e.., Late Chillamkuri Pedda Peeraiah S/o Narsaiah in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 2 OF 2018 7 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner 56th respondent in the above appeal as a legal heir of respondent No.20, i.e.., Bandreddy Subba Reddy S/o Subba Reddy in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 3 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner 29th respondent in the above appeal as a legal heir of respondent No.33, i.e., Late Sri. Bandreddi Chinnaiah S/o Pedda Venkata Subbaiah in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 4 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner 57th respondent in the above Writ Appeal as a legal heir of respondent No.25, i.e.., Bandreddy Venkata Subbamma W/o Subba Reddy in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 5 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to bring the petitioner 58th respondent in the above Writ Appeal as a , legal heir of respondent No.37,/ i.e.., Bandreddy Kanthamma W/o Late Subba Reddy in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 6 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner 13th. respondent in the above appeal as a legal heir of respondent No.9, i.e.., Dunnuthala Pedda Posi Reddy S/o Narsa Reddy in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon`ble Court, and pass IA NO: 7 OF 2018 8 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner 29th respondent in the above appeal as a legal heir of respondent No.31, i.e..Sri. Bandreddi Chinnaiah S/o Pedda Venkata Subbaiah in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 8 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to declare the petitioner 34th respondent in the above appeal as, legal heir of respondent No.30, Late Smt. Bandreddi Yellamma W/o Chinnaiah in W.A.No.258 of 2010, pending disposal of the W.A. before this Hon'ble Court, and pass IA NO: 9 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to fix an early date for hearing the Writ Appeal i.e„ W.A.No. 258 of 2010 and pass IA NO: 10 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the documents Nos.1. RTI application, wite endorsement from the Spl. Dy. Collector Telugu Ganga Project, Unit-II, Kadapa witl translation dt. 13- 7-2018, 2) RT application, with endorsement from th. SpI. Dy. Collector (L.A), Somasila Project Unit-IV, Rajampeta, Kadapa District witl translation dt. 24-7- 2018 and 3) RT Application, with endorsement from th. Spl. Dy. Collector, Telugu Ganga Project Unit-II, Kadapa with translatioin (Proceedings of the Award No.21/98-99 dt. 21-1-1999) dt. 20-3-2018, as additional material and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to expedite the hearing of the Writ Appeal i.e., W.A. No.258 of 2010 before this Hon'ble Court, pending disposal of the W.A. before this Hon'ble Court and pass 9 IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to permit the 2nd appellant/2nd respondent in IA.10 of 2018 amend the prayer in the counter filed in IA. 10/2018 in WA 258/2010 as "that it is therefore prayed to dismiss the IA 10/2018 and allow the appeal" IA NO: 2 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to fix an early date of hearing of the writ appeal WA 258/2010 by fixing an early date and to pass Counsel for the Appellant(S): 1. GP FOR LAND ACQUISITION Counsel for the Respondent(S): 1. 2. PAVAN KUMAR ANNABATHUNI 3. 4. GP FOR IRRIGATION COMM AREA DEV 5. N SUBBA RAO 10 The Court made the following Order: (Per Hon’ble Sri Justice R. Raghunandan Rao) The Government of Andhra Pradesh had acquired various extents of lands, for submergence under the Somasila Project. As part of the acquisition process, a notification under Section-4(1) of the Land Acquisition Act, 1894[for short “the L.A. Act”], was issued on 12.02.2007, in relation to the lands and structures situated at Malinenipatnam Village, Atloor Mandal, Kadapa District. The lands of the respondents herein were part of the said notification. As the structures, in their lands, had not been mentioned, in the notification under Section-4(1) of the L.A Act, the respondents approached the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, by way of W.P.No.2658 of 2007, for quashing the said notification. The respondents relied upon the report of a Joint Inspection, dated 21.11.2006, to contend that their structures, which are in existence, were not included in the notification. This Writ Petition was disposed of, directing the respondents to put forward their contention in the enquiry, under Section 5-A of the L.A Act, with a further direction to the acquisition officer to take into consideration these objections and to incorporate structures, in the declaration under Section 6 of the L.A Act. However, the 3rd respondent did not conduct an enquiry under Section 5A of the L.A Act or issue a notification under Section 6 of the L.A Act, after such enquiry. 2. The respondents being aggrieved by the said inaction, again approached the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, by way of W.P.No.16843 of 2007, seeking a direction for 11 notification of their structures in the acquisition process. The erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, by an Order, dated 09.08.2007, directed the acquisition authorities to conduct an enquiry under Section 5A of the LA Act, within a period of one week from the date of receipt of the Order. In compliance of these directions, an enquiry under Section 5A of the L.A Act was conducted, on 11.09.2007 and the Writ Petition came to be disposed of, on 10.12.2007, with a direction to the acquisition authorities to publish the declaration under Section 6 of the L.A Act, within a period of three months. 3. Subsequently, a declaration under Section 6 of the L.A Act was published, on 17.12.2007. It is contended that the structures of the respondents were reflected in the declaration, under Section 6 of the L.A Act. By this time, the lands and structures of the respondents were submerged, in the Somasila Project and the respondents were evacuated from their houses without any compensation being paid. 4. Thereafter, the respondents, after receiving notices under Sections 8 & 9 of the L.A Act, submitted their claims, on 10.11.2008. The respondents again approached the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, by way of W.P.No.26895 of 2008, with the complaint that the acquisition authorities were neither paying compensation nor passing an award. The acquisition authorities filed a counter affidavit contending that the respondents could not demonstrate the construction of the houses or their existence of such houses and the structures set up by the respondents were 12 all illegal structures which had been constructed in the recent past only for the purposes of obtaining enhanced compensation. 5. The erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad, passed an interim order, on 13.03.2009, in W.P.No.26895 of 2008, directing the acquisition authorities to pass an order in respect of the lands and structures acquired as per the declaration issued under Section 6 of the L.A Act, dated 17.12.2007. The acquisition authority sought to get this interim direction vacating by filing a vacate stay petition. However, the Order, dated 13.03.2009 was made absolute on 15.04.2009. Aggrieved by this Order, the acquisition authorities filed W.A.No.632 of 2009, which came to be dismissed, on 01.05.2009, with a further direction that, the acquisition officer would appear before the Court if no award is passed, within the time granted for passing such award. Aggrieved by this Order, the acquisition authorities approached the Hon’ble Supreme Court of India, by way of, SLP No.14820 of 2009. The acquisition authorities, while pressing the SLP, had taken an objection to an observation, in the Order of the Division Bench, that the validity of the award could be agitated in the Writ Petition which has already pending. At that stage, an undertaking is said to have been given, by the learned Senior Counsel appearing for the respondents herein, that the award, if any would be challenged under the provisions of the L.A Act and not before the Writ Court. The Hon’ble Supreme Court of India after recording the said undertaking disposed of the SPL with the following observations:- “It is submitted that the writ Court was not the proper forum for challenging an Award of the collector in land acquisition proceedings. Mr. L.N. Rao, the 13 learned senior counsel appearing for the respondents states that this legal position cannot be controverted and that he gives an undertaking that the Award if challenged will be under the Land Acquisition Act and not before the Writ Court. With consent of both parties the date for the presentation of the Award is extended by two months from today. The special leave petition is disposed of with the above observation.” 6. After the disposal of the SLP, the acquisition authorities passed a nil award, dated 15.09.2009, in Award No.3/2009-10 (Ref.No.B/31/2006). After the passing of this award, W.P.No.26895 of 2008, in which all these proceedings had taken place, came up, for hearing, before a Learned Single Judge of the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad. The Learned Single Judge, after holding that the acquisition authorities had unfairly passed the nil award, without granting any compensation to the respondents, had set aside the award, dated 15.09.2009, with a further direction to the acquisition authorities to pass appropriate award fixing compensation for the structures notified in the declaration published under Section 6 of the L.A Act, within a period of eight weeks from the date of receipt of this Order. 7. Aggrieved by this Order, dated 27.11.2009, the acquisition authorities and the State had filed the present Writ Appeal. 8. The learned Government Pleader for Revenue, appearing for the appellants, would contend that the Learned Single Judge could not have set aside the subsequent award, dated 15.9.2009 in view of the undertaking given by the respondents before the Hon’ble Supreme Court of India and after the Hon’ble Supreme Court of India had recorded the same and disposed the 14 SLP, in terms of the said undertaking. He would contend that the only avenue that would be available to the respondents was a reference before the appropriate Court. He would submit, on merits, that the material placed, along with the Writ Appeal, would be sufficient to show that there were no existing structures in the land and the alleged structures were only flimsy structures set up by the respondents to obtain ineligible and illegal compensation. 9. Sri Akula Sri Krishna Sai Bhargav, learned counsel for the respondents would submit that appellants cannot contend that no structures were in existence as the said structures had come to be published, in the declaration under Section 6 of the L.A Act. This declaration has become final and the question of resiling from such a declaration is not permissible. He would further submit that, though the respondents had given an undertaking before the Hon’ble Supreme Court of India, they had not pressed the Writ Petition and it was the Learned Single Judge, who had passed the impugned orders, in view of the unfair and inequitable manner in which the acquisition authorities had behaved. He also sought to demonstrate that the structures, claimed by the respondents were in existence and were proper immovable houses and other structures for which the respondents are entitled for compensation. 10. This Court does not propose to go into the factual aspects of whether such structures were in existence or not. 11. The primary ground of the appeal, raised by the learned Government Pleader for Revenue, is that the award, dated 15.4.2009, could 15 not have been set aside in the Writ Petition, after the undertaking given before the Hon’ble Supreme Court of India and after the Order of the Hon’ble Supreme Court of India recording such an undertaking. 12. The undertaking recorded by the Hon’ble Supreme Court of India is quite clear and unambiguous. The award passed on 15.04.2009, could not have been assailed in the Writ Petition. However, the fact remains that the award has been set aside by the Learned Single Judge. Thereafter, the respondents could not have assailed the award again under the provisions of the L.A. Act. 13. In the circumstances, it would only be equitable to dispose of the Writ Appeal by setting aside the Order, dated 27.11.2009, by the learned Single Judge, to the extent of the award being set aside and direct the District Collector, under the provisions of the L.A. Act, to treat this Order as a request, by the respondents, for reference to the Court, under Section 18 of the L.A. Act, for referring the dispute relating to the existence or non-existence of the structures claimed by the respondents. The said reference shall be made, within one month of receipt of this Order. The question, of whether such an issue can be gone into once the land acquisition authorities have already mentioned these structures in the declaration under Section-6 of the L.A Act, dated 17.12.2007 and the question of whether compensation would now have to be paid to the respondents under the provisions of the L.A. Act, 1894 or under the provisions of the Right to Fair Compensation and Transparency in 16 Land Acquisition, Rehabilitation and Resettlement Act, 2013, apart from any other issues can be raised before the reference court. 14. Needless to say that, in view of the fact that the acquisition is of the year, 2007 and quite of few of respondents are in their 80’s, the Court, to whom the issue is referred, shall give priority to the said reference and dispose of the reference at the earliest, and at any rate not later than six months from the date of receipt of the reference. 15. Accordingly, this Writ Appeal is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ R. RAGHUNANDAN RAO, J ________________ T.C.D. SEKHAR, J Date: 26.09.2025 BSM 17 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO AND HON’BLE SRI JUSTICE T.C.D. SEKHAR WRIT APPEAL No.258 of 2010 (per Hon’ble Sri Justice R. Raghunandan Rao) Dt: 26.09.2025 BSM