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HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.22665 of 2020
ORDER: (Heard and pronounced through Blue Jeans App (Virtual) mode, since
this mode is adopted on account of prevalence of COVID-19 pandemic)
Heard the learned counsel for the petitioners and learned Assistant
Government Pleader for Land Acquisition. With their consent, the writ
petition is being disposed of at the stage of admission.
The grievance of the petitioners in the present writ petition is that
the respondents have not taken any steps to deposit/pay the enhanced
compensation amounts in respect of the trees in the lands acquired from the petitioners and that the same is illegal, void, arbitrary, unconstitutional and violative of rights of the petitioners guaranteed under Articles 14, 21 and 300-A of Constitution of India and therefore seek a direction to the respondents to deposit/pay the compensation to the petitioners. The petitioners' lands in different extents as mentioned in the affidavit filed in support of the writ petition were acquired for the construction of Kandaleru Reservoir under Telugu Ganga Project pursuant to notification dated 30.10.1990 issued by respondents. The Land Acquisition Officer passed an Award on 20.03.1992 and on a reference in L.A.O.P.No.21 of 1993, a judgment was passed on 30.11.2001 enhancing the compensation for lands and confirmed in respect of trees. Against the same, the petitioners preferred an appeal to the Hon'ble Common High Court at Hyderabad in L.A.A.S.No.108 of 2019 and the compensation was further enhanced vide judgment dated 05.11.2019. The State against the said judgment has not carried the matter by way of appeal to the Hon'ble Supreme Court. Thus the quantum of compensation payable to the petitioners has attained 2 finality. Despite the said position, the compensation has not been deposited to the petitioners till today.
The learned counsel for the petitioners submits that the respondents even after lapse of about one year failed to deposit/pay compensation to the petitioners which has attained finality by virtue of the order of Hon'ble Division Bench referred to above. He submits that the said order is a consent order, the question of filing an appeal in such circumstances does not arise and at any rate, the same has become final as no appeal is preferred by the State. He states that the petitioners are discriminated in as much as some of the claimants whose lands/trees were acquired along with the petitioners' lands have been paid compensation, however due to reasons not known to the petitioners, they were not paid compensation so far. The learned counsel states that due to discrimination as well as non payment of the compensation, the petitioners are seriously prejudiced and under those circumstances, the petitioners are constrained to approach this Court.
The learned Assistant Government Pleader for Land Acquisition on instructions submits that the proposals for sanction of decretal amount were submitted to the Chief Commissioner of Land Administration, the same are in process, but would take some considerable time to finalise the same. Accordingly, he seeks Four months time for depositing the amounts towards the compensation.
Considered the submissions made by both the parties. This is a matter where the petitioners' lands along with trees were acquired in the year 1990 and the compensation has not been paid even after the matter 3 has attained finality in the year 2019 by virtue of the orders passed by the Hon'ble Division Bench in L.A.A.S.No.108 of 2019 dated 05.11.2019. The petitioners are entitled for the lawful compensation as determined by the Courts of Law and they cannot be deprived of fruits of the order due to undue delays. In the present case, the dispute with regard to determination of compensation remained unchallenged and thus attained finality. In such circumstances, the respondents have no other alternative, except to deposit/pay the compensation due and payable to the petitioners. Though this Court is not inclined to go into the aspects of the discrimination, however finds justification in the submissions made by the learned counsel for the petitioners that the petitioners are deprived of enjoying the fruits of the orders passed in their favour due to delay on the part of the respondents. Under the said circumstances, the respondents are directed to deposit/pay the compensation in respect of the lands acquired from the petitioners, within a period of four (4) weeks from the date of receipt of copy of the order.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications, if any, shall stand closed.
______________________ NINALA JAYASURYA, J Date: 03.02.2021 BLV 4 HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.22665 of 2020 Dt:03.02.2021 BLV