Andhra Pradesh High Court - Amravati
Pulaputhuru Rathnaiah vs The Special Deputy Collector, on 19 July, 2021
Bench: M.Satyanarayana Murthy
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON No. 13504 of 2021
O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of
India seeking to issue a writ of Mandamus for the following relief:
"to declare 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.Krishan Reddy and others
Vs.Special Deputy Collector, Land Acquisition Unit II,
Karimnagar) and in AIR 2012 SC 1624 (Premji Nathu V.State of
Gujarat & Anr.) as illegal and arbitrary and consequently,
direct the respondents to pay compensation to the petitioners
in accordance with law."
The case of the petitioner is that the structures situated in
Lingapalem village, Kaluvay Mandal, SPSR Nellore District, belonging to
the petitioners were acquired by the respondent authorities for the
purpose of foreshore submersion of Kandaleru Reservoir under Telugu
Ganga Project under Draft Notification dated 30.11.1992. It is stated that
the Land Acquisition Officer, passed an Award No.2/1993-94, dated
27.08.1993 and on reference in LAOP No.91 of 2005, the learned Senior
Civil Judge's Court, Gudur, passed Judgment on 19.09.2008 enhancing
the compensation partly. The petitioners preferred an appeal in LAAS
No.111 of 2019 and this Court by common Judgment dated 05.11.2019
further enhanced the compensation awarded to the appellants. The
grievance of the petitioners is that though the Award had attained
finality, till date, no compensation is deposited to the petitioners till
date. Hence, this writ petition.
Heard Sri Chetluru Sreenivas, learned counsel for the petitioners
and learned Assistant Government Pleader for Land Acquisition appearing
for the respondents 1 to 3.
During hearing, learned counsel for the petitioners while
reiterating the contentions, would submit that the subject matter of the
writ petition is squarely covered by the order dated 20.10.2020 passed in
WP No.19212 of 2020.
The said submission is not opposed by the learned Assistant
Government Pleader for Land Acquisition appearing for the respondents.
Having regard to the facts and circumstances of the case and
considering the submissions, the respondents are directed to deposit/pay
the compensation amount in respect of the land acquired from the
petitioners within a period of four weeks from the date of receipt of a
copy of the order.
Accordingly, the Writ Petition is disposed of at the stage of
admission in terms of the order dated 20.10.2020 passed in WP No.19212
of 2020. No costs.
Miscellaneous petitions pending if any shall stand closed.
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JUSTICE M.SATYANARAYANA MURTHY
13.07.2021
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HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON No. 13504 of 2021
13.07.2021
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