THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.10001 OF 2021

ORDER:

Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Land Acquisition. With their consent, the writ petition is being disposed of at the stage of admission.

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 lands acquired from the petitioners and that the same is illegal, void, arbitrary, unconstitutional and violative of rights of the petitioners guaranteed under Articles 14, 21 and 300-A of Constitution of India and therefore sought a direction to the respondents to deposit/pay the compensation to the petitioners. The petitioners' land in different extents in different survey numbers 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 29.12.1992 issued by respondents. The Land Acquisition Officer passed an Award on 31.01.1994 and on a reference in L.A.O.P.No.44 of 2003, a judgment was passed on 19.09.2008 enhancing the compensation. However, the petitioners preferred an appeal to the Hon'ble Common High Court at Hyderabad in L.A.A.S.No.428 of 2017 and the compensation was further enhanced vide judgment dated 01.11.2018. Against the said judgment, the State has not carried the matter to the Hon'ble Surpeme Court by way of appeal. Thus, the quantum of

compensation payable to the petitioners has attained finality. Despite the said position, the compensation has not been deposited to the credit of account of petitioners till today.

The learned counsel for the petitioners submits that the respondents even after lapse of two years failed to deposit/pay compensation to the petitioners which has attained finality by virtue of the order of Hon'ble Division Bench referred to above. 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 circumstances, the petitioners are constrained to approach this Court.

The learned Assistant Government Pleader for Land Acquisition on instructions submits that the proposals for sanction of decretal amount were submitted to the Chief Commissioner of Land Administration, the same are in process, but would take some considerable time to finalise the same. Accordingly, he seeks Four months time for depositing the amount towards the compensation.

Considered the submissions made by both the parties. This is a matter where the petitioners' lands were acquired in the year 1994 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 the Hon'ble Division Bench in L.A.A.S.No.428 of 2017 dated 01.11.2018. 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, the dispute with regard to determination of compensation remained unchallenged and thus attained finality. In such circumstances, the respondents have no other alternative except 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. Under the said circumstances, the respondents are directed to deposit/pay the compensation in respect of the lands 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.

As a sequel, all the pending miscellaneous applications, if any, shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 15.06.2021 Klpd

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THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.10001 OF 2021

Date: 15.06.2021

KLPD