Andhra Pradesh High Court - Amravati
A.Rajasekhara Reddy vs The Government Of Andhra Pradesh, on 29 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.36090 OF 2013
ORDER:-
This writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"......pleased to issue a writ order or direction more
particularly one in the nature of writ of mandamus declaring the
action of the respondents in failing to consider the representation of
the petitioners dated 07.11.2013 for grant of amended additional
benefits under Land Acquisition Act in terms of the orders of the
Civil Court dated 20.10.1992, as illegal, arbitrary, unconstitutional
and against the principles of natural justice and consequently
direct the respondents to consider the representation of the
petitioners dated 07.11.2013 for grant of additional market value
solatium and interest as awarded by the Additional Sub-Judge,
Kurnool in O.P.Nos.170 of 1989 to 185 of 1989, dated 20.10.1992
and pass such other order or orders ....."
2. It is the case of the petitioners that the 1st petitioner
and others are the agriculturists own small extents of land in
Kodumur Village of Kurnool District. While so, the
Government of Andhra Pradesh acquired their land to an
extent of Ac 17.94 cents and the petitioners are also having
part of land. The negotiations between the authorities and
the petitioners resulted in passing of consent Award under
Section 11 of Land Acquisition Act (for short "L.A.Act"), and
accordingly, the Land Acquisition Officer (LAO) passed the
Award Nos.2 of 1982 and 3 of 1982 fixing the land value at
Rs.60,000/- per acre while agreeing to pay the interest @ 4%
p.a. apart from 15% solatium.
The Civil Court, on reference, by considering the
relevant evidence on record, passed common order, dated
20.10.1992, wherein, the value of the land was enhanced,
and accordingly, modified the award, and also granted all
statutory benefits as amended under the Act 68/84 including
the benefits under Section 23(1)(a) of the Act.
As per the orders of the Civil Court, all the petitioners
are entitled to additional benefits such as extra land value,
30% solatium, 12% additional market value of land and 9%
interest. Since the date of passing order by the Civil Court,
on the basis of Award for enhancement of compensation in
the reference to Civil Court Under Section 18, the petitioners
have filed EPs and paid benefits that were ordered under the
L.A.Act. But till date, the respondents have not implemented
the judgment in the reference under Section 18 to pay the
additional benefits granted by enhanced rate of interest
together with the benefits under the Amended Act 68/84, and
thus, the petitioners filed this petition to issue a direction to
the respondents to pay compensation as per the reference
answered by the Civil Court under Section 18 of the L.A. Act
extending the benefits under the amended Act 68/84.
3. The respondents filed a detailed counter admitting
the acquisition of property for fixation of compensation,
passing award etc., while specifically admitting as follows:
" In reply to the averments made in para-5 of the petitioner's
affidavit, it is submitted that, the petitioners are entitled to
additional benefits which will be paid soon after the receipt of
the amount from the Government"
4. In view of the admission made by the respondents in
the counter, the respondents have to pay the compensation
at enhanced rate together with additional benefits in terms of
Act 68/84. But till date, no amount is paid.
5. During hearing, learned counsel for the petitioner
Sri J.U.M.V. Prasad has drawn attention of this Court to
para-6 of the counter, and on the strength of the same,
requested to issue a direction for payment of difference of
compensation and additional benefits as per the amended Act
68/84 awarded by the Civil Court in reference under Section
18 of the L.A.Act.
6. Whereas, learned Assistant Government Pleader for
Land Acquisition sought eight weeks' time for payment of
compensation as agreed in para-6 of the counter filed in the
present writ petition
7. In view of the admission made in the counter which
is a judicial admission in the pleadings and the submissions
of learned counsel for the petitioners as well as learned
Assistant Government Pleader, I find, it would be appropriate
to grant eight (08) weeks time to the respondents to pay
compensation together with interest.
8. With the above direction, the Writ Petition is
disposed of. No order as to costs.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
_________________________________________
JUSTICE M.SATYANARAYANA MURTHY
Date : 29-07-2021
Gvl
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.36090 OF 2013
Date : 29.07.2021
Gvl
