Narra Narayanamma vs The Special Deputy Collector,
2021 Latest Caselaw 1990 AP

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   THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY


                 WRIT PETITION NO.9812 OF 2021

ORDER:

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 is

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

enhanced compensation amount for 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 sought a direction to the respondents to deposit/pay the

compensation to the petitioners. The petitioners' land in different

extents in different survey numbers 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 12.10.1992 issued by

respondents. The Land Acquisition Officer passed an Award on

08.10.1993 and on a reference in L.A.O.P.No.155 of 2008, a

judgment was passed on 02.06.2009 enhancing the compensation.

However, the petitioners preferred an appeal to the Hon'ble Common

High Court at Hyderabad in L.A.A.S.No.317 of 2017 and the

compensation was further enhanced vide judgment dated

01.11.2018. Against the said judgment, the State has not carried the

matter to the Hon'ble Surpeme Court by way of appeal. Thus, the

quantum of compensation payable to the petitioners has attained

finality. Despite the said position, the compensation has not been

deposited to the credit of the account of 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 Hon'ble Division Bench referred to above. 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 Supreme Court in

September, 2018 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 Land Acquisition

on instructions submits that the proposals for sanction of decretal

amount were submitted to the Chief Commissioner of Land

Administration, the same are in process, but would take some

considerable time to finalise the same. Accordingly, he seeks Four

months time for depositing the amount towards the compensation.

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

matter where the petitioners' lands 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 Division Bench in L.A.A.S.No.317 of 2017 dated

01.11.2018. 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, the

dispute with regard to determination of compensation remained

unchallenged and thus attained finality. In such circumstances, the

respondents have no other alternative except 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. 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.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 15.06.2021 Klpd

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.9812 OF 2021

Date: 15.06.2021

KLPD