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.32589 of 2014 Between:
Narsanna, S/o. Pullanna, Aged 56 years, R/o. Neelahalli Village, Dharoor Mandal, Mahaboobnagar District.
.. Petitioner AND The Government of Telangana, Rep. by its Principal Secretary, Social Welfare Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32589 of 2014 ORDER:
Land Acquisition Proceedings were initiated for acquiring the private properties for the public purpose of providing house sites. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 18.08.1984. Award No.B6/6281/84 was passed on 19.01.1985 for acquiring various extents of land including the land of the petitioner to an extent of Ac. 1.20 guntas, situated in Mirzapur Village, Gadwal Mandal, Mahaboobnagar District. The Land Acquisition Officer fixed compensation at the rate of Rs.1,000/- per acre. Not satisfied with the compensation determined, the petitioner filed an application under Section 18 of the Act for enhancement of compensation. The same was referred to the civil Court. Senior Civil Judge, Gadwal, Mahaboobnagar District, passed order in O.P.No.119 of 1998 on 26.04.1995 enhancing the compensation to Rs.15,000/- per acre. Aggrieved thereby, the State preferred A.S.No.1400 of 1996 in this Court. This Court, by judgment, dated 06.11.1998, allowed the appeal by reducing the compensation from Rs.15,000/- to Rs.12,000/- per acre. In the year 1996, the petitioner filed E.P.No.623 of 1996 for enforcement of the order passed in O.P.No.119 of 1998. The grievance of the petitioner necessitating institution of this writ petition is that in spite of enhancing the compensation by order, dated 26.04.1995, and allowing A.S.No.1400 of 1996 by this Court on 06.11.1998 by reducing the compensation from Rs.15,000/- to Rs.12,000/-, so far the difference of compensation payable to the petitioner is yet to be paid. The petitioner is unable to enforce the order passed in his favour since the Requisition Department has not made available the required funds to the Land Acquisition Officer and the Land Acquisition Officer expresses inability to comply with the orders and that there are no assets with the Land Acquisition Officer which can be attached and the amounts can be recovered.
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleaders for Land Acquisition and Social Welfare.
3. Learned counsel for the petitioner contends that the land of the petitioner was compulsorily acquired and possession was taken in the year 1984. The land acquisition proceedings were initiated in the year 1984 and even after almost 30 years, the petitioner is yet to get the compensation he is entitled to in law and such action of the respondents is arbitrary, discriminatory and unconstitutional.
4. Learned Government Pleader for Land Acquisition submits that Land Acquisition Officer expresses his inability to comply with the orders since the Requisition Department has not made available the funds for settlement of the amounts payable to the land loosers.
5. Learned Assistant Government for Social Welfare, on instructions, submits that due to paucity of funds, the relevant amounts could not be made available immediately and the State is taking expeditious steps to make available the relevant funds payable to the farmers and requests three (3) months time for making available the relevant funds to the Land Acquisition Officer.
6. The petitioner has lost his land and he was paid a meager compensation. The order enhancing the compensation was passed on 26.04.1995 in O.P.No.119 of 1998 and the appeal filed by the State in A.S.No.1400 of 1996 was allowed on 06.11.1998. Acquisition relates back to 1984 and the award was passed on 19.01.1985 in Award No.B6/6281/84. Therefore, even after 30 years of acquisition, the compensation payable to the petitioner is not fully paid. For no fault of the petitioner, he is made to suffer the ignominy of not receiving the full compensation and not utilizing the funds for alternative purposes which he is legitimately entitled to utilize. As noticed by the Larger Bench of this Court, this is a glaring case of lethargic attitude of the Government in complying with the statutory mandate of paying compensation in time when they resort to compulsory acquisition of lands of the farmers. The farmers have no option but to surrender the land as the acquisition was for public purpose. Therefore, the inordinate delay in payment of compensation is inexcusable.
7. The petitioner was helpless in enforcing the decree passed in his favour since the Land Acquisition Officer expressed inability to comply with the award as no amount is available with him and the State Government has not made provision for payment of compensation. In the circumstances, the petitioner has no alternative remedy except to invoke the extraordinary jurisdiction of this Court. In the facts of this case, the petitioner has made out case for exercising the extraordinary jurisdiction by this Court and granting relief as sought by him.
8. Having regard to the facts of this case, the Writ Petition is disposed of directing the respondent Government to provide requisite funds towards compensation payable to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order and within a period of one (1) week from the date of receipt of the amount, the Land Acquisition Officer- cum-Mandal Revenue Officer, Gadwal Mandal, Mahaboobnagar District (4th respondent) shall deposit the amount in the Court of Senior Civil Judge, Gadwal, Mahaboobnagar District. 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.32589 of 2014 Date: 9th December, 2014 KL