Kota Maheswari vs The Special Deputy Collector, ...
2021 Latest Caselaw 268 AP

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          HONOURABLE SRI JUSTICE NINALA JAYASURYA

                  WRIT PETITION No.22399 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 petitioner 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 petitioner 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 petitioner and that the same is illegal, void, arbitrary, unconstitutional

and violative of rights of the petitioner 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 petitioner. The

petitioner's land along with trees was acquired for the construction of

Kandaleru Reservoir under Telugu Ganga Project pursuant to notification

dated 13.03.1994 issued by respondents. The Land Acquisition Officer

passed an Award on 31.03.1994 and on a reference in L.A.O.P.No.7 of

2002, a judgment was passed on 05.11.2004 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 in L.A.A.S.No.292 of 2017 and the petitioner filed cross

objections and a Division Bench of the Hon'ble High Court by a common

judgment dated 13.10.2017 dismissed the State appeals and allowed the

cross objections. The State aggrieved by the said enhancement, carried

the matter by way of a Special Leave petition vide SLP(Civil) Diary

No.21072 of 2018 and the Hon'ble Supreme Court dismissed the said SLP

filed by the State on 27.07.2018. Thus the quantum of compensation

payable to the petitioner 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 petitioner submits that the respondents

even after lapse of more than two years failed to deposit/pay compensation

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

Apex Court. He states that the petitioner is discriminated in as much as

some of the claimants whose lands/trees were acquired along with the

petitioner's land have been paid compensation, however due to reasons not

known to the petitioner, she was not paid compensation so far. The

learned counsel states that due to discrimination as well as non payment of

the compensation, the petitioner is seriously prejudiced and under those

circumstances, the petitioner is constrained to approach this Court.

The learned Assistant Government Pleader for Land Acquisition on

instructions submits that the proposals for payment of compensation are in

process, but the same would take some considerable time to finalise the

same. Accordingly, he seeks Four months time for making/depositing the

amounts towards the compensation.

Considered the submissions made by both the parties. This is a

matter where the petitioner's lands along with trees were acquired in the

year 1994 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 petitioner is entitled for the lawful

compensation as determined by the Courts of Law and he 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 the 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 petitioner. 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 petitioner that the petitioner is 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

petitioner, 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: 21.01.2021 BLV

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.22399 of 2020 Dt:21.01.2021

BLV