Rai Gonda Died vs The Revenue Divisional Officer ...
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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

                  WRIT PETITION No.7781 of 2023
ORDER:

Heard learned counsel for the petitioners, learned

Government Pleader for Land Acquisition appearing for

respondent No.1, learned Government Pleader for Revenue

appearing for respondent Nos.2 to 4 and learned Government

Pleader for Irrigation and Command Area Development

appearing for respondent No.5. With their consent, the writ

petition is disposed of at the stage of admission itself.

2. Aggrieved by the inaction on the part of the respondents

in depositing the entire decretal amount to the credit

of E.P.No.308 of 2022 in terms of the order and decree passed

in L.A.O.P.No.473 of 2004 on the file of the VII Additional

District Judge, Medak at Sanga Reddy District, the present writ

petition is filed.

3. As can be seen from the record, the notification under

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

back on 08.06.1987 and the Award was passed on 16.12.1989

and the compensation amount was enhanced by virtue of the

order and decree dated 20.12.2010 passed in L.A.O.P.No.473 of

2004 by the VII Additional District Judge, Medak at Sanga

Reddy. Aggrieved by the same, the petitioners preferred appeal

vide L.A.A.S.No.1097 of 2011 and this Court by judgment dated

06.04.2017 enhanced the compensation amount granted by

the VII Additional District Judge, Medak at Sanga Reddy

in L.A.O.P.No.473 of 2004. In spite of the same, the

compensation, for which the petitioners are entitled, is not paid.

The E.P.No.308 of 2022 filed by the petitioners is also pending.

4. 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 petitioners, 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 petitioners 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.

5. Having regard to the same, the writ petition is disposed of

and respondent No.1 is directed to deposit the enhanced

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

06.04.2017, passed by this Court in L.A.A.S.No.1097 of 2011 to

the credit of E.P.No.308 of 2022 in L.A.O.P.No.473 of 2004 on

the file of VII Additional District Judge, Medak at Sanga Reddy,

as expeditiously as possible, at any rate within a period of four

months from the date of receipt of a copy of this order. There

shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ

petition shall stand closed.

____________________________________ MUMMINENI SUDHEER KUMAR, J Date:21.03.2023 KH

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

WRIT PETITION No.7781 of 2023

Date:21.03.2023 KH