IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE NINETH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32770 of 2014 Between:
Smt. Daggupati Venkata Subbamma, W/o. Late Narasaiah, aged about 81 years, R/o. N. Gollapalli Village, H/o. Nagisettipalli Village, Brahmamgari Matham Mandal, Kadapa District & another .. Petitioners AND Government of Andhra Pradesh, Rep. by the Principal Secretary, I&CAD Department, A.P. Secretariat, Hyderabad & 2 others ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32770 of 2014 ORDER:
For the purpose of Somasila Project, huge extents of land were acquired including the land of the petitioners in Kotapadu Village, Vontimitta Mandal, Y.S.R. Kadapa District. Insofar as compensation for the land acquired, it was already paid and there is no dispute raised. Award was passed vide Award No.17/86-87, dated 20.09.1986. For the well in the land of the petitioners, an amount of Rs.25,435/- was determined and for GI Shed, an amount of Rs.1,341/- was determined. Not satisfied with the compensation determined for the well and GI Shed, the petitioners filed an application under Section 18 of the Land Acquisition Act, 1894, for enhancement of the compensation. On their application, the matter was referred to the Court of Senior Civil Judge, Rajampet, Y.S.R. Kadapa District, in L.A.O.P.No.73 of 1988. The Senior Civil Judge, Rajampet, passed orders on 28.02.1998 enhancing the compensation by 100% in terms of the compensation determined. The petitioners are entitled to an amount of Rs.1,40,698/- over and above the amount originally determined by the Land Acquisition Officer. Alleging non-compliance of the said order in L.A.O.P.No.73 of 1988, the petitioners filed E.P.No.71 of 2008 and the said E.P. is still pending consideration on account of non-deposit of the requisite amount by the respondents.
2. This writ petition is instituted aggrieved by non- depositing of the amounts and the petitioners’ inability to enforce the implementation of the order passed in their favour in L.A.O.P.No.73 of 1988 since the requisite amounts are not made available for compliance in E.P.No.71 of 2008.
3. In the counter affidavit filed on behalf of the third respondent, strange stand is now taken, i.e., the petitioners are not entitled for determination of separate compensation for structures on the land. Admittedly, the order passed by the Senior Civil Judge, Rajampet, in L.A.O.P.No.73 of 1988 has become final. Therefore, it is not open to the respondents to raise such an objection in this writ petition on the entitlement of the petitioners to receive the compensation as determined in L.A.O.P.No.73 of 1988.
4. Though an award was passed on 20.09.1986 and an order was passed in L.A.O.P.No.73 of 1988, almost after 16 years also, the petitioners are unable to get the amount of compensation they are entitled for losing the structures on their property. Such action of the respondent authorities is highly deprecated.
5. Having regard to the facts of this case, the Writ Petition is disposed of directing the first respondent to make available immediately the amount payable to the petitioners as per the order in L.A.O.P.No.73 of 1988, on the file of the Senior Civil Judge, Rajampet, to the Special Deputy Collector (LA), Rajampet, Kadapa District (3rd respondent), as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and on receipt of such amount, the 3rd respondent shall take immediate steps to deposit the amount in E.P.No.71 of 2008, on the file of the Senior Civil Judge, Rajampet. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 9th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32770 of 2014 Date: 9th December, 2014 KL