Gopidesi Rajendra vs The Special Deputy Collector, ...
2021 Latest Caselaw 267 AP

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          HONOURABLE SRI JUSTICE NINALA JAYASURYA

                  WRIT PETITION No.22508 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 foreshore submersion

construction of Kandaleru Reservoir under Telugu Ganga Project pursuant

to notification dated 23.08.1990 issued by respondents. The Land

Acquisition Officer passed an Award on 30.03.1991 and on a reference in

L.A.O.P.No.96 of 1991, a judgment was passed on 31.08.2001 enhancing

the compensation. Against the same, the State preferred A.S.No.427 of

2004 in which the petitioners filed cross objections and a Division Bench of

the Hon'ble Common High Court at Hyderabad by a common judgment

dated 27.10.2017 further enhanced the compensation. 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 more than three 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/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 bills were sent for payment of compensation

through on-line and same would be cleared in due course.

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 2017 by virtue of the orders passed by the

Hon'ble Division Bench in A.S.No.427 of 2004 & batch dated 27.10.2017.

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 and considering the

submission that the compensation amount bills were sent for payment

through on-line, the respondents are directed to complete the said

transaction as expeditiously as possible, at any rate not later than 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: 21.01.2021 BLV

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.22508 of 2020 Dt:21.01.2021

BLV