Yanamala Hymavathi, vs The Special Deputy Collector,
2021 Latest Caselaw 2123 AP

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                       WRIT PETITION NO.1448 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, pursuant to notification dated 27.06.1992 issued

by respondents. The Land Acquisition Officer passed an award on

AIR 1988 SC 2123

AIR 2012 SC 1624 MSM,J WP.No.1448 of 2021

23.08.1993 in Award No.2 of 1993-94 and on a reference in

L.A.O.P.No.57 of 1996, a judgment was passed on 18.08.2004,

enhancing the compensation. Against the same, the petitioners

preferred an appeal to the Hon'ble Common High Court at

Hyderabad in L.A.A.S.No.40 of 2005 and the compensation was

further enhanced vide Judgment dated 12.12.2019. The

enhancement made by the Court vide L.A.A.S.No.40 of 2005 has

attained finality. Thus, the compensation payable to the petitioners

has been confirmed by the Court in L.A.A.S.No.40 of 2005 and ther

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,

the petitioners are seriously prejudiced and under those MSM,J WP.No.1448 of 2021

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 in the year

1992 and the compensation has not been paid even after the

matter has attained finality in the year 2005 by virtue of the orders

passed by High Court of Andhra Pradesh at Hyderabad in

L.A.A.S.No.40 of 2005. 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.1448 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