Mattem Venkateswarlu vs The Special Deputy Collector
2021 Latest Caselaw 574 AP

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          HONOURABLE SRI JUSTICE NINALA JAYASURYA

                  WRIT PETITION No.22610 of 2020


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 amounts 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

30.10.1990 issued by respondents. The Land Acquisition Officer passed an

Award on 20.03.1992 and on a reference in L.A.O.P.No.21 of 1993, a

judgment was passed on 30.11.2001 enhancing the compensation for lands

and confirmed in respect of the trees. Against the same, the petitioners

preferred an appeal to the Hon'ble Common High Court at Hyderabad in

L.A.A.S.No.108 of 2019 and the compensation was further enhanced vide

judgment dated 05.11.2019. The State, against the said judgment has not

carried the matter by way of appeal to the Hon'ble Supreme Court. Thus

the quantum of compensation payable to the petitioners has attained

finality. 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 about one year failed to deposit/pay compensation to

the petitioners which has attained finality by virtue of the order of Hon'ble

Division Bench referred to above. He submits that the said order is a

consent order, the question of filing an appeal in such circumstances does

not arise and at any rate the same has become final as no appeal is

preferred by the State. 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

year 1990 and the compensation has not been paid even after the matter

has attained finality in the year 2019 by virtue of the orders passed by the

Hon'ble Division Bench in L.A.A.S.No.108 of 2019 dated 05.11.2019. 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 remained unchallenged and thus attained

finality. 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 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

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.22610 of 2020 Dt:03.02.2021

BLV