Ramadevi vs The State Of Telangana And 5 Others
2021 Latest Caselaw 2016 Tel

      THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No.14277 of 2021
ORDER:

Heard the learned counsel for the petitioner, the learned

Government Pleader for Irrigation & Command Area Development

for respondent Nos.1 and 5, the learned Government Pleader for

Finance & Planning for respondent No.2, the learned Government

Pleader for Revenue for respondent Nos.3 and 4, and the learned

Government Pleader for Land Acquisition for respondent No.6.

With their consent, the Writ Petition is disposed of at the stage of

admission itself.

Aggrieved by the inaction of the respondents in depositing the

decreetal amount to the credit of E.P. No.31 of 2018 in O.P. No.71

of 2005 on the file of the Court of Senior Civil Judge, Gadwal, the

present writ petition is filed.

Learned Government Pleader, on instructions, has stated

that the official respondents are taking necessary steps to deposit

the amounts and that as and when the amounts are received, the

authorities will deposit the compensation amount.

As can be seen from the record, the notification under

Section 4 (1) the Land Acquisition Act, 1894, was issued way back

on 15.02.2000 and the Award was passed on 03.02.2001.

Subsequently, the compensation granted by the Land Acquisition

Officer @ Rs.30,000/- per acre for the developed dry lands and

@ Rs.26,000/- per acre was enhanced to Rs.1,00,000/- per acre

for the developed dry lands and Rs.80,000/- per acre for the dry

lands apart from granting statutory benefits and costs, by virtue of

the order and decree, dated 23.02.2018 passed in O.P.No.71 of

2005 by the Senior Civil Judge, Gadwal, and the said order has

become final as no appeal was preferred questioning the same.

Having regard to the above backdrop of the case, this Court

is of the considered view that the authorities cannot take their own

time to deposit the amounts which are already enhanced by the

competent Court. The inaction of the respondents in paying the

enhanced compensation amounts in time to the petitioner and

other land losers, who are already suffering from the loss of their

lands, would make them to also suffer untold hardship and misery

and run from pillar to post for getting the enhanced compensation

deposited and incur expenses for the same. They will also have to

incur additional expenditure for approaching the Court for seeking

the required relief. With the raising inflation, the value of the

money will also go down and the delayed payment of the enhanced

compensation will result in the compensation amount itself losing

all the charm and utility. If the petitioner or similarly situated

persons receive the enhanced compensation within the time, they

will be in a position to use that amount in some other investments

and get some returns over the same.

Further, in Bhimidipati Annapoorna Bhavani v. Land

Acquisition Officer1, while dealing with similar issue, the Larger

Bench of this Court has held as under:

"One of the self-imposed restrictions is that High Court generally refrains from entertaining a writ petition when there is adequate and efficacious alternate remedy available to a party, and, when such alternate remedy available is a statutory remedy, such statutory remedy has been duly exhausted. Availability of such alternate and efficacious or statutory remedy itself is not a bar in entertaining a writ petition in the given facts and circumstances. We need not multiply the circumstances in which such discretionary power may be exercised by the Court in such matters despite availability of such alternate,

1 2005 (3) ALD 233 (LB)

adequate and efficacious remedy. But the limits as notice in B.Govinda Reddy's case supra by a learned Single Judge of this Court are sufficient that in cases arising out of the Act where the amount of compensation, finally determined has not been paid, a person must first resort to the alternate efficacious remedy of taking out execution and when despite taking out execution proceedings, if there is any delay caused on the part of authorities, resort can be had to filing of a writ petition in this Court and, this Court, while exercising its discretionary jurisdiction, in appropriate cases, may issue directions for immediate deposit of the amount of compensation by the State Government or the authorities on whose behalf the land has been acquired."

For the afore-stated reasons and the law laid down by the

Larger Bench of this Court in the above referred judgment, the

official respondents are directed to deposit the enhanced

compensation amount, in terms of the order and decree, dated

23.02.2018, passed in OP No.71 of 2005 by the Senior Civil Judge,

Gadwal, to the credit of E.P. No.31 of 2018, as expeditiously as

possible, preferably, within a period of two months from the date of

receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of.

Miscellaneous petitions pending in this writ petition, if any,

shall stand closed. There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 06.07.2021 sur