Narra Chenchu Ratnaiah Ratnaiah vs The Special Deputy Collector,
2021 Latest Caselaw 679 AP

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           HONOURABLE SRI JUSTICE NINALA JAYASURYA

                   WRIT PETITION No.23880 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 for 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 foreshore submersion construction of Kandaleru

Reservoir under Telugu Ganga Project pursuant to notification dated

04.03.1993 issued by respondents. The Land Acquisition Officer passed an

Award on 03.03.1994 and on a reference in L.A.O.P.No.52 of 2002, a

judgment was passed on 19.09.2008 enhancing the compensation.

However, the petitioners preferred an appeal to the Hon'ble Common High

Court at Hyderabad in L.A.A.S.No.296 of 2017 and the compensation was

further enhanced vide judgment dated 01.11.2018. Against the said

judgment, the State has not carried the matter to the Hon'ble Surpeme

Court by way of appeal. 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 two years 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 states that the petitioners are

discriminated in as much as some of the claimants whose lands 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 also states that the claimants in

respect of whom orders were passed by the Hon'ble Supreme Court in

September, 2018 have received the compensation. 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 were acquired in the year 1993 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 Division

Bench in L.A.A.S.No.296 of 2017 dated 01.11.2018. 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: 08.02.2021 BLV

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.23880 of 2020 Dt:08.02.2021

BLV