Telangana High Court
Atram Bandu vs The Land Acquisition Cum Revenue ... on 19 April, 2024
1
SK, J
W.P.No.42099 of 2015
THE HON'BLE SRI JUSTICE K.SARATH
W.P.No.42099 of 2015
ORDER:
This writ petition is filed with the following prayer:
" to pass an order or orders direction or directions or issue a writ more particularly in the nature of Writ of Mandamus directing the respondents herein to pay the adequate compensation with all consequential benefits according to the mandatory provisions of Land Acquisition Act on par with private pattedars and in pursuant to the orders passed by the Honourable High Court in W.P.No.17803 of 2005 dated 14.10.2009 in respect of following acquired land of petitioners herein i e
1. Atram Bandu, 9 guntas in Sy.No.25 (Petitioner No 1).
2. Mesram Telang Rao, 2 acres in Sy.No.25( Petitioner No 2)
3. Atram Rukma Bai, 3 acres 33 guntas in Sy.No.25 (Petitioner No 3)
4. Durva Pochanna, 5 acres 10 guntas in Sy.No.50 (Petitioner No.4)
5. Mesram Nagendar, 1 acre 18 guntas in Sy.No.25 (Petitioner No.5) entire land is situated in Palli-B village, Mandal Talamadugu, District Adilabad, which was acquired for formation of New Irrigation Tank through proceedings of the respondent No.1 herein vide No.B/2293/04 dated 31-12-2004,
(ii) direct the respondent No. 1 to refer the petitions filed by the petitioners under section 18 of L.A.Act to the competent civil court;
( iii) and consequently declare the action of respondents in not paying the said compensation is illegal, arbitrary, violative of Article 14, 3`-A, 300-A and 21 of the Constitution of India".
2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue.
3. The petitioners have earlier filed W.P.No.17803 of 2005 and the same was disposed by this Court on 14.10.2009 following the judgment of this Court in 2 SK, J W.P.No.42099 of 2015 Land Acquisition Officer-cum-Revenue Divisional Officer vs. Mekala Pandu 1 and directed the respondents to pay compensation as per the provisions of the Land Acquisition Act to the petitioners in respect of assigned lands acquired from them. The said orders have not been complied with on the ground that the Hon'ble Supreme Court has granted stay in SLP 670-678 of 2005 (Civil Appeal No.9317-9321 of 2012) filed by the respondents. Thereafter, the said SLP was dismissed on 04.08.2014 vide A.P. Industrial Infrastructure Corporation Ltd., vs. Ramesh Singh and others 2. In spite of disposal of the SLP, the respondents did not choose to comply with the orders of this Court in W.P.No.17803 of 2005 dated 14.10.2009 and hence, the instant writ petition is filed by the petitioners.
4. Even after a lapse of more than 8 years, the respondents did not choose to file counters denying the averments made in the writ affidavit. 1 2004(2) ALT 546 2 2014 SCC Online SC 1885 3 SK, J W.P.No.42099 of 2015
5. In view of the same, the Writ Petition is disposed of directing the respondents to pay compensation to the petitioners on par with the private pattadars in respect of the subject lands acquired through proceedings No.B/2293/04 dated 31.12.2004 issued by the respondent No.1 by implementing the orders passed by this Court in W.P.No.17803 of 2005 dated 14.10.2009 within four (4) months from the date of receipt of a copy of this order. No order as to costs.
6. Miscellaneous Applications, if any pending in this writ petition, shall stand closed.
_____________________ JUSTICE K.SARATH Date:19.04.2024 sj