Citation : 2021 Latest Caselaw 3829 Tel
Judgement Date : 29 November, 2021
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT APPEAL No.894 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 10.08.2018 passed by the learned Single Judge in
W.P.No.28136 of 2015.
The facts of the case reveal that the respondent
No.1 before this Court came up by filing a writ petition
stating that his land was taken over in the year 2000
after issuing notification under Section 4(1) of the Land
Acquisition Act, 1894, on 08.02.2000 and not a single
rupee has been paid to him. The writ petition was filed
in the year 2015. Meaning thereby, after taking
possession of the land and after laying a road over the
land in the year 2000 itself, a citizen was not paid a
single rupee by the State. No award was also passed in
the matter and in those circumstances, the learned
Single Judge has allowed the writ petition directing the
respondents therein to pass an award and pay
compensation, as a road was already constructed on the
acquired land.
It has been stated that in spite of the order passed
by the learned Single Judge on 10.08.2018, the
compensation was not paid and the writ petitioner was
compelled to file a contempt case. It was also after the
contempt case was preferred in 2020, an award was
passed and compensation has been paid in the matter.
The present case reflects the lethargic attitude of the
appellants while acquiring the land belonging to the
citizens of this country. It took 20 years for the State
Government to pass an award and to pay the
compensation. Therefore, this Court is of the opinion
that costs were rightly imposed i.e., Rs.25,000/- in the
matter. This Court is also of the opinion that the costs
awarded is on the lower side. However, as we are
dismissing the writ appeal, no further orders are required
to be passed in the present writ appeal in respect of the
costs also.
The writ appeal is accordingly dismissed. The
miscellaneous applications pending in this writ appeal, if
any, shall stand closed. There shall be no order as to
costs.
___________________________ SATISH CHANDRA SHARMA, CJ
___________________________ A.RAJASHEKER REDDY, J 29.11.2021 vs
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