1
HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.1848 of 2021
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 amount 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 15.04.1989 issued by respondents. The Land Acquisition Officer passed an Award on 29.09.1989 and on a reference in L.A.O.P.No.60 of 2006, a judgment was passed on 25.02.2006 by the Reference Court enhancing the compensation. Against the same, the respondents carried the matter by way of an appeal to the Hon'ble Common High Court at Hyderabad against the enhancement of compensation in respect of trees wherein a cross appeal was filed by the petitioners herein. A Division Bench of the Hon'ble High Court in appeal L.A.A.S.No.306 of 2006 & batch by an order dated 13.10.2017 dismissed the State appeals and allowed the cross 2 appeals/objections. The State aggrieved by the said judgment, carried the matter by way of a Special Leave petition vide SLP(Civil) Diary No.21072 of 2018 & batch and the Hon'ble Supreme Court dismissed the same by order dated 27.07.2018. Thus the quantum of compensation payable to the petitioners has been confirmed by the Hon'ble Supreme Court. 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 more than two years failed to deposit/pay compensation to the petitioners which has attained finality by virtue of the order of Hon'ble Apex Court. 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 3 year 1989 and the compensation has not been paid even after the matter has attained finality in the year 2018 by virtue of the orders passed by the Hon'ble Supreme Court of India. 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 is put to quietus in view of the orders of Hon'ble Supreme Court and 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 trees in 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.1848 of 2021 Dt: 03.02.2021 BLV