THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.7781 of 2023
ORDER:
Heard learned counsel for the petitioners, learned Government Pleader for Land Acquisition appearing for respondent No.1, learned Government Pleader for Revenue appearing for respondent Nos.2 to 4 and learned Government Pleader for Irrigation and Command Area Development appearing for respondent No.5. With their consent, the writ petition is disposed of at the stage of admission itself.
2. Aggrieved by the inaction on the part of the respondents in depositing the entire decretal amount to the credit of E.P.No.308 of 2022 in terms of the order and decree passed in L.A.O.P.No.473 of 2004 on the file of the VII Additional District Judge, Medak at Sanga Reddy District, the present writ petition is filed.
3. As can be seen from the record, the notification under Section 4(1) of the Land Acquisition Act, 1894, was issued way back on 08.06.1987 and the Award was passed on 16.12.1989 and the compensation amount was enhanced by virtue of the order and decree dated 20.12.2010 passed in L.A.O.P.No.473 of 2 2004 by the VII Additional District Judge, Medak at Sanga Reddy. Aggrieved by the same, the petitioners preferred appeal vide L.A.A.S.No.1097 of 2011 and this Court by judgment dated 06.04.2017 enhanced the compensation amount granted by the VII Additional District Judge, Medak at Sanga Reddy in L.A.O.P.No.473 of 2004. In spite of the same, the compensation, for which the petitioners are entitled, is not paid. The E.P.No.308 of 2022 filed by the petitioners is also pending.
4. Having regard to the above backdrop of the case, this Court is of the considered view that the authorities cannot take their own time to deposit the amounts which are already enhanced by the competent Court. The inaction of the respondents in paying the enhanced compensation amounts in time to the petitioners, who are already suffering from the loss of their lands, would make them to also suffer untold hardship and misery and run from pillar to post for getting the enhanced compensation deposited and incur expenses for the same. They will also have to incur additional expenditure for approaching the Court for seeking the required relief. With the raising inflation, the value of the money will also go down and the delayed payment of the enhanced compensation will result in the compensation amount itself losing all the charm and utility. 3 If the petitioners or similarly situated persons receive the enhanced compensation within the time, they will be in a position to use that amount in some other investments and get some returns over the same.
5. Having regard to the same, the writ petition is disposed of and respondent No.1 is directed to deposit the enhanced compensation amount, in terms of the order and decree, dated 06.04.2017, passed by this Court in L.A.A.S.No.1097 of 2011 to the credit of E.P.No.308 of 2022 in L.A.O.P.No.473 of 2004 on the file of VII Additional District Judge, Medak at Sanga Reddy, as expeditiously as possible, at any rate within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:21.03.2023 KH 4 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.7781 of 2023 Date:21.03.2023 KH