HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.21606 OF 2013 Date: 07.10.2014 Between :
G.Mabu Miah @ G.Pedda Mabu Miah, S/o. Sattar Miah, Aged 50 years, Occu:Agriculture, r/o. Orvakallu Village and Mandal, Kurnool District and others … Petitioners and The Revenue Divisional Officer, Kurnool Town, Kurnool District and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.21606 OF 2013 ORDER:
Notification under Section 4(1) of the Land Acquisition Act, 1894 was published on 12.11.2011 proposing to acquire large extent of land including the land to an extent of Ac.4.64 cents belonging to the petitioners for the purpose of establishment of 765/400 KV Substation at Orvakal village and Mandal, Kurnool District and award was passed on 15.02.2012 fixing very low compensation. This writ petition is filed challenging the amount of compensation determined as very low. It is specifically contended that invoking urgency clause, possession of the land was taken and that stage the Land Acquisition Officer determined the compensation payable as Rs.10.00 lakhs per acre and directed the 3rd respondent to deposit the amount and accordingly the amount was deposited, whereas while passing the award very low compensation was determined.
2. When the matter is taken up for consideration, learned counsel for the petitioners submits that for the same purpose, separate notifications were issued acquiring the adjacent lands by following similar procedure. Aggrieved by the low compensation determined, the aggrieved persons instituted W.P.No.15995 of 2011. By order dated 03.07.2012, this Court directed as under:-
(a) the 1st respondent shall forthwith pay the compensation @ Rs.10,40,000/-, per acre, inclusive of the market value and all statutory benefits, towards 80% of the compensation in deposit with him, to the petitioners, within 15 days from today;
(b) the 3rd respondent shall deposit the balance of 20% of the compensation with the 1st respondent within four weeks from today, and the former shall pay the same to the respective petitioners, within 15 days thereafter; and
(c) the award, dated 10.02.2011, shall stand modified to the extent indicated above, and that the petitioners shall not have any further claim against the respondents, including the right to seek reference to civil Court.
3. Following the said decision, W.P.No.25811 of 2012 is also allowed.
4. Learned Government Pleader does not dispute the fact that subject matter of the writ petition is covered by the above decisions. The acquisition was for the same purpose but by different notifications and all are adjacent lands. Learned Government Pleader, however, submits that petitioners have not invoked jurisdiction of this Court immediately after the award was passed or after earlier writ petitions were disposed of.
5. As evident from the pleadings in the writ petition, the issue was examined by this Court in detail in W.P.No.15995 of 2011 and this Court clearly held that determination of compensation at lower level was illegal and therefore issued consequential directions.
6. In the order passed by this Court in W.P.No.15995 of 2011, this Court has denied making any further claim and all along the amount quantified is kept with the respondents only. The land loosers are small farmers. The adjacent farmers are paid higher compensation pursuant to the judgment of this Court. It cannot be said that there is unduly long delay in invoking the jurisdiction of this Court. In the facts of this case, writ petitioner cannot be non-suited on the ground of delay.
7. Having regard to the above discussion, this writ petition is disposed of as under:
(a) the 1st respondent shall forthwith pay the compensation @ Rs.10,40,000/-, per acre, inclusive of the market value and all statutory benefits, towards 80% of the compensation in deposit with him, to the petitioners, within 15 days from today;
(b) the 3rd respondent shall deposit the balance of 20% of the compensation with the 1st respondent within four weeks from today, and the former shall pay the same to the respective petitioners, within 15 days thereafter; and
(c) the award, dated 10.02.2011, shall stand modified to the extent indicated above, and that the petitioners shall not have any further claim against the respondents, including the right to seek reference to civil Court.
8. No costs. Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.
JUSTICE P.NAVEEN RAO Date: 07.10.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.21606 OF 2013 Date: 07-10-2014 kkm