Bandiadinarayana Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 2122 AP

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                       WRIT PETITION NO.8805 OF 2021

ORDER:

This writ petition is filed under Article 226 of the

Constitution of India to declare the action of the respondents in

not paying the compensation amount to the petitioners for

acquired land, as laid down by the Hon'ble Supreme Court in the

cases reported in K.Krishna Reddy and others Vs. Special

Deputy Collector, Land Acquisition Unit II, Karimnagar1 and

Premji Nathu Vs. State of Gurajat and other2 as illegal, arbitrary

and against the provisions of a welfare legislation, namely, Land

Acquisition Act, and violative of rights of the petitioner enshrined

under Articles 14, 21, 300-A of the Constitution of India and direct

the respondents to pay compensation to the petitioners.

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 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. The Land Acquisition Officer passed awards fixing

the compensation for the acquired lands and trees. Aggrieved by

AIR 1988 SC 2123

AIR 2012 SC 1624 MSM,J WP.No.8805 of 2021

the said award, L.A.O.P.Nos.112 of 1991, 17 of 1993 and 60 of

1991 on the file of Principal Senior Civil Judge, Guntur were

preferred and the Trial Court did not enhance any compensation.

Against the same, the petitioners preferred an appeal to the High

Court at Hyderabad in L.A.A.S.Nos.644, 645, 646 of 2017 and 295

of 2018. Vide Judgment dated 22.10.2018, the appeals with partly

allowed, enhancing the compensation. The enhancement made by

the High Court in L.A.A.S.Nos.644, 645, 646 of 2017 and 295 of

2018 has attained finality. Thus, the compensation payable to the

petitioners has been confirmed by the Court in L.A.A.S.Nos.644,

645, 646 of 2017 and 295 of 2018 and there is no dispute about

quantum of compensation payable to the petitioners. 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 six years failed to deposit/pay

compensation to the petitioners which has attained finality by

virtue of the order of Hon'ble Apex 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 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, MSM,J WP.No.8805 of 2021

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.

Considered the submissions made by both the parties. This

is a matter where the petitioners' lands were acquired long back

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

High Court of Andhra Pradesh at Hyderabad in in L.A.A.S.Nos.644,

645, 646 of 2017 and 295 of 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 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.

MSM,J WP.No.8805 of 2021

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.

Consequently, pending miscellaneous applications, if any,

shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:24.06.2021

SP