HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 12869 of 2011 Date: 22.1.2014 Between :
Adepu Nagalaxmi W/o Rajaiah Usirikayalapally, Singareni mandal Khammam district and others … Petitioner and Govt of A P, Rep by its District Collector, Khammam and others … Respondents The Court made the following:
HON’BLE SRI JUSTICE P NAVEEN RAO WRIT PETITION NO. 12869 OF 2011 ORDER:-
By following the due procedure as mandated by the Land Acquisition Act, land of various extents owned by the petitioners was acquired for the public purpose. Award 1 of 1992 was passed on 16.9.1992. The Land Acquisition officer, determined the compensation payable as Rs.5400/- per acre. Aggrieved by the compensation determined by the Land Acquisition Officer, some of the land losers sought reference to Civil Court under Section 18 of the Act, accordingly the matter was referred to Civil Court. The Principal Senior Civil Judge, Kothagudem in O.P. No. 195 of 1993 and batch passed judgment dated 26.9.2007 enhancing the compensation payable as Rs.8400/- per acre. On 20.12.2007 petitioners filed an application under Section 28-A of the Act claiming enhancement of compensation as determined by the Principal Senior Civil Judge, Kothagudem. However, no orders are passed granting enhanced compensation. Compelled by the inaction of the respondents in granting higher compensation though petitioners are entitled, this writ petition is instituted.
When the matter is taken up, learned Assistant Government Pleader produced instructions furnished by the Special Deputy Collector/Land Acquisition Officer. The instructions inter-alia state that the application seeking enhancement of compensation made under Section 28-A of the Act was received within the time stipulated. However, the compensation could not be paid since the requisition department i.e., Singareni Collieries Company Limited has not made available the requisite funds, in spite of reminders given to them.
Having regard to the submissions made by the learned counsel for petitioners and the learned Assistant Government Pleader, the writ petition is disposed of directing the respondents 3 and 4 to deposit the requisite amount with the respondent No.2 within a period of four weeks from the date of receipt of copy of the order towards enhanced compensation payable to the petitioners and on such deposit the respondent No.2 shall take immediate steps to identify the beneficiaries and release the amount, within a further period of four weeks. No costs.
Sequel to the same, miscellaneous petitions, if any stand dismissed.
P.NAVEEN RAO,J DATE: 22.1.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 12869 of 2011 Date: 22.1.2014