Yanamala Hymavathi, vs The Special Deputy Collector,
2021 Latest Caselaw 377 AP

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          HONOURABLE SRI JUSTICE NINALA JAYASURYA

                   WRIT PETITION No.1325 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 inter-alia,

is that the respondents have not taken any steps to deposit/pay the

enhanced compensation amounts in respect of 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 27.06.1992 issued by respondents.

The Land Acquisition Officer passed an Award on 23.08.1993 and on a

reference in L.A.O.P.No.57 of 1996, a judgment was passed on 18.08.2004

enhancing the compensation. Against the same, the petitioners preferred

an appeal before this Court in L.A.A.S.No.40 of 2005 and the compensation

was further enhanced vide judgment dated 12.12.2019, the same has

become final as no appeal was filed. 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 by virtue of the orders of this Court dated 12.12.2019. 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

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 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 petitioners' lands were acquired in the year 1992 and the

compensation has not been paid even after the matter has attained finality

in view of the undisputed fact that the orders dated 12.12.2019 of the

Hon'ble Division Bench were not challenged. The petitioners are entitled

for the lawful compensation as determined by the Courts of Law, more

particularly when the same attained finality and they cannot be deprived of

fruits of the order due to undue delays. In the present case, there is no

dispute with regard to determination and nothing prevented the

respondents 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. The delay in depositing the amounts would result

in accumulation of interest and further burden the exchequer. 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: 27.01.2021 tm

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.1325 of 2021 Dt:27.01.2021

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