Andhra Pradesh High Court - Amravati
Naga Ramana Reddy vs The Special Deputy Collector on 8 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13111 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:-
"....to issue a Writ, order or direction more particularly one in the nature of
Writ of Mandamus declaring the action of the respondents in not paying
the compensation amounts to the petitioners for acquiring the lands, as
laid down by the Hon'ble Supreme Court in the cases reported in AIR 1988
SC 2123 K Krishna Reddy and others Vs Special Deputy Collector Land
Acquisition Unit-II Karimnagar and in AIR 2012 SC 1624 (Premji Nathu Vs
State of Gujarat 86 Anr) as illegal void arbitrary unfair unjust against the
provisions of a welfare legislation namely Land Acquisition Act and
unconstitutional being violative of rights of the petitioners enshrined under
Art 14, 21, 300-A of the Constitution of India and direct the respondents to
pay compensation to the petitioners in accordance with law...."
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 land acquired from the
petitioners and therefore sought 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 28.06.1990 issued
by respondents. The Land Acquisition Officer passed an award on
26.12.1991 and on a reference in L.A.O.P.No. 73 of 1992, a
judgment was passed on 26.07.2019 by enhancing the
compensation. As against the same, the petitioners preferred an
appeal before the Hon'ble Common High Court at Hyderabad in
L.A.A.S.No.29 of 2019 and the compensation was further enhanced
vide Judgment dated 26.07.2019. The Government has not
preferred any Appeal and the order of the High Court as referred
supra became final. Thus, the compensation payable to the
petitioners has been confirmed by the common High Court.
Despite the said position, the compensation has not been paid 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 Common High Court. 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 High Court 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 Irrigation
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 payment/depositing the amounts towards the
compensation.
Considering the submissions made by both the parties. This
is a matter where the petitioners' lands were acquired in the year
1990 and the compensation has not been paid even after the
matter has attained finality in the year 2019 by virtue of the orders
passed by the common High Court of A.P. 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 delay. 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 get 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 land 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.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 08-07-2021
KK
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13111 of 2021
Date:08-07-2021
KK
