HONOURABLE SRI JUSTICE P NAVEEN RAO WRIT PETITION NO.15666 OF 2014 Date: 25.07.2014 Between :
Girreddy Surayanarayana Reddy, s/o.Late Satyanarayana Reddy, Aged about 53 years, Occu: Agriculture, R/o. D.No.8-2, Munasabgari House, Munasabgari Street, Jaggampeta, East Godavari District.
….. Petitioner And The State of Andhra Pradesh, rep.by its Principal Secretary, Irrigation & Command Area Development (P.W-LA-1) Department, Secretariat Building, Hyderabad and others.
….. Respondents This Court made the following :
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.15666 OF 2014 ORDER:
The land of the petitioner to an extent of Ac.5.90 cents in Sy.Nos.34/1 and 36/1 of Bhavavaram Village, Jaggampeta Mandal, East Godavari District, was acquired by the State Government. The Land Acquisition Officer determined the compensation payable as Rs.11,000/- per acre. On the application for enhancement of the compensation determined the matter was referred to the Civil Court. In O.P.No.2/1993, Senior Civil Judge, Peddapuram, East Godavari District, enhanced the compensation to Rs.40,000/- per acre. Aggrieved thereby, petitioner filed L.A.A.S.No.1884/2001 before this Court. Respondents also preferred LAAS No.79 of 2010. Both appeals were dismissed, affirming the decision of the Senior Civil Judge, Peddapuram. Even though the award was passed by the Senior Civil Judge, has become final, so far compensation payable to the petitioner is not paid. Government issued orders in G.O.Rt.No.662, Irrigation & C.A.D. (P.w.-LA-1) Department, dated 22.10.2013, granting sanction of Rs.10,99,068/- payable to the petitioner towards the compensation determined in O.P.No.2/1993 and financial concurrence was also given in G.O.Rt..No.451, dated 18.02.2014, but till date the said amount is not deposited. The grievance of the petitioner in this writ petition is against delay in payment of amount due to him even though appropriate orders were passed by the competent authorities as early as in October, 2013 and February, 2014.
2. The property of the petitioner was compulsorily acquired for public purpose. When the property of a private person is compulsorily acquired for the public purpose, it is mandatory for the acquisition authorities to pay the compensation determined and it is illegal in not paying the compensation amount to the petitioner. Even though award was passed in O.P.No.2/1993 as early as on 31.08.2000, the fruits of success are not enjoyed by the petitioner till date, even after 14 years. The value of the money is directly proportionate to the period in which money accrues to a person. Thus, the compensation that was determined in the year 2000 cannot be compared in its value with the present rate of inflation and that causes grave hardship and suffering to the land looser. The inordinate delay in settling the rightful claim of the petitioner by the respondents is highly deprecated.
3. Having regard to the peculiar facts of this, the writ petition is disposed of directing the respondents to deposit the amount as awarded in O.P.No.2 of 1993 on the file of Senior Civil Judge, Peddapuram, East Godavari District, within the period of four (04) weeks from the date of receipt of copy of this order, to the credit of O.P.No.2 of 1993 on the file of Senior Civil Judge, Peddapuram, East Godavari District. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 25.07.2014 Kkm HONOURABLE SRI JUSTICE P NAVEEN RAO WRIT PETITION NO.15666 OF 2014 Date: 25.07.2014 kkm