Item No.20
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.9374 of 2019
ORDER: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The grievance of the petitioner in the present petition is against
the inaction on the part of the respondent authorities in failing to
deposit compensation in E.P.No.47 of 2014 arising from O.P.No.24 of 1991 on account of acquisition of land.
2. Counter affidavit has been filed by the respondents No.1 and 2 stating inter alia that the subject land was acquired vide award dated 20.08.1987. A protest petition was filed by the petitioner in respect of the land value fixed, which was referred to the Civil Court under Section 18 of the Land Acquisition Act, 1894 for adjudication. Judgment dated 27.08.2018 was passed in O.P.No.24 of 1991 enhancing the compensation. Aggrieved thereby, an appeal was preferred by the respondent authorities. The said appeal was dismissed on 04.12.2013. Thereafter, an execution petition came to be filed by the petitioner, which is still pending consideration.
3. Mr.Raja Sripathi Rao, learned Government Pleader for Land Acquisition states that the respondents have deposited a sum of Rs.7,83,773/- on 26.03.2021 in the aforesaid proceedings along with a fresh calculation memo.
4. In view of the aforesaid submission, it is deemed appropriate to close the present petition with liberty granted to the petitioner to W.P.No.9374 of 2019 Page 1 of 2 approach the Executing Court for release of the amount deposited by the respondents without prejudice to his rights to peruse the calculation sheet and contest the said calculation, if so advised.
5. The present petition is closed along with the pending applications, if any.
_________________ HIMA KOHLI, CJ ______________________ B. VIJAYSEN REDDY, J 01.04.2021 lur W.P.No.9374 of 2019 Page 2 of 2