Nuvvula Srceramulu Naidu , vs The State Of Andhra Pradesh
2021 Latest Caselaw 582 AP

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          HONOURABLE SRI JUSTICE NINALA JAYASURYA

                   WRIT PETITION No.1848 of 2021


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 amount 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

15.04.1989 issued by respondents. The Land Acquisition Officer passed an

Award on 29.09.1989 and on a reference in L.A.O.P.No.60 of 2006, a

judgment was passed on 25.02.2006 by the Reference Court enhancing the

compensation. Against the same, the respondents carried the matter by

way of an appeal to the Hon'ble Common High Court at Hyderabad against

the enhancement of compensation in respect of trees wherein a cross

appeal was filed by the petitioners herein. A Division Bench of the Hon'ble

High Court in appeal L.A.A.S.No.306 of 2006 & batch by an order dated

13.10.2017 dismissed the State appeals and allowed the cross

appeals/objections. The State aggrieved by the said judgment, carried the

matter by way of a Special Leave petition vide SLP(Civil) Diary No.21072 of

2018 & batch and the Hon'ble Supreme Court dismissed the same by order

dated 27.07.2018. Thus the quantum of compensation payable to the

petitioners has been confirmed by the Hon'ble Supreme Court. 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 more than two years failed to deposit/pay compensation

to the petitioners which has attained finality by virtue of the order of

Hon'ble Apex Court. 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 1989 and the compensation has not been paid even after the matter

has attained finality in the year 2018 by virtue of the orders passed by the

Hon'ble Supreme Court of India. 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 is put to quietus

in view of the orders of Hon'ble Supreme Court and 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 trees in 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.1848 of 2021 Dt: 03.02.2021

BLV