Bharat Sanchar Nigam Limited, vs R.Niranjan Reddy, 3 Others
2021 Latest Caselaw 3821 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                        AND
         THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    WRIT APPEAL No.759 of 2012

JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


        The present writ appeal is arising out of order dated

05.12.2007 passed in W.P.No.36398 of 1998 by the learned

Single Judge.

        The facts of the case reveal that the respondents/writ

petitioners, who are claiming themselves to be the owners of

premises bearing No.5-9-25 in T.S.No.1, Ward No.53, Block-B

of Shapurwadi, commonly known as Adarshnagar,

Hyderabad, came up before this Court stating that the

Government of Andhra Pradesh acquired land under the Land

Acquisition Act, 1894 (for short, "the Act") for public purposes

and an award was passed on 30.05.1989. The matter was

referred to civil Court under Section 30 of the Act for

resolving apportionment/entitlement disputes. It has been

further stated that the award was passed only to the extent of

3063 square meters and in respect of the balance area of

8812.78 square meters the award was not passed. The first

writ petition i.e., W.P.No.6472 of 1992 was allowed by this

Court on 15.09.1993 and the Land Acquisition Officer was

directed to pass an award in the matter. Finally, an award

was passed on 15.12.1993 awarding a sum of Rs.49 lakhs

and again the matter was referred under Section 30 of the

Act. The petitioners before the learned Single Judge claimed

a sum of Rs.4,000/- per square meter before the Land

Acquisition Officer and as the amount was not granted, an

application was preferred on 03.02.1994 seeking reference

under Section 18 of the Act. However, as nothing was done,

the subsequent writ petition was filed i.e., W.P.No.36398 of

1998.

The learned Single Judge keeping in view the earlier

judgment delivered in the case of District Collector,

Kakinda vs. P. Nagabhushana Rao1 has directed respondent

No.1/Special Deputy Collector, Land Acquisition (General)

therein, to refer the matter to civil Court having jurisdiction in

the matter.

The Bharat Sanchar Nigam Limited, the beneficiary, has

filed the present writ appeal.

In the considered opinion of this Court, the learned

Single Judge has not decided the issue of enhancement and

compensation or the issue relating to apportionment. He has

simply directed the Land Acquisition Officer to forward the

application submitted by the petitioners to the civil Court

under Section 18 of the Act. This Court does not find any

reason to interfere with the order passed by the learned

Single Judge at the behest of BSNL, which is the ultimate

beneficiary of the land in question.

2003 (6) ALD 48 (FB)

Accordingly, the writ appeal is dismissed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J 29.11.2021 ES