THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.894 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 10.08.2018 passed by the learned Single Judge in
W.P.No.28136 of 2015.
The facts of the case reveal that the respondent
No.1 before this Court came up by filing a writ petition stating that his land was taken over in the year 2000 after issuing notification under Section 4(1) of the Land Acquisition Act, 1894, on 08.02.2000 and not a single rupee has been paid to him. The writ petition was filed in the year 2015. Meaning thereby, after taking possession of the land and after laying a road over the land in the year 2000 itself, a citizen was not paid a single rupee by the State. No award was also passed in the matter and in those circumstances, the learned Single Judge has allowed the writ petition directing the respondents therein to pass an award and pay compensation, as a road was already constructed on the acquired land.
It has been stated that in spite of the order passed by the learned Single Judge on 10.08.2018, the 2 compensation was not paid and the writ petitioner was compelled to file a contempt case. It was also after the contempt case was preferred in 2020, an award was passed and compensation has been paid in the matter. The present case reflects the lethargic attitude of the appellants while acquiring the land belonging to the citizens of this country. It took 20 years for the State Government to pass an award and to pay the compensation. Therefore, this Court is of the opinion that costs were rightly imposed i.e., Rs.25,000/- in the matter. This Court is also of the opinion that the costs awarded is on the lower side. However, as we are dismissing the writ appeal, no further orders are required to be passed in the present writ appeal in respect of the costs also.
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 29.11.2021 vs