HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 30184 of 2014 Date : 28-10-2014 Between :
K Chinnapa Reddy S/o K C Subba Reddy R/o Nossam village, Kurnool dist and another and The state of A P rep by Prl Secretary Dept of Revenue, Secretariat, Hyderabad and others … Petitioner … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.30184 of 2014 ORDER:
Land to an extent of Ac.16.12 cents was acquired for the purpose of excavation of main canal, which includes the land of the first petitioner to an extent of Ac.0.19 cents in Survey No. 1523, Ac.5.82 cents in Survey No. 1527, Ac.1.54 cents in Survey No. 1528 and Ac.4.21 cents in Survey No. 1526/1 in the name of the mother of the first petitioner and land of the second petitioner to an extent of Ac.4.36 cents in survey No. 1529, Nossam village, Kurnool district. By award dated 19.11.2013 compensation payable was determined as Rs.14,23,551/-, however compensation was not paid so far since the requisition department has not credited the said amount. Not satisfied with the compensation determined, petitioner submitted an application on 4.1.2014 to refer the matter for enhancement to Civil Court under Section 18 of the Land Acquisition Act, 1894. The said application is pending. Aggrieved by the inaction of the respondents in referring the matter to Civil Court for enhancement of compensation, this writ petition is filed.
2. On instructions, learned Assistant Government Pleader submits that the compensation as determined would be paid to the petitioners as soon as the amount is credited by the requisition department. Since the amount of compensation payable is not paid so far, the application for reference to Civil Court under Section 18 of the Act is not taken up and such application would be taken up once the compensation is released. Learned Assistant Government Pleader requested three months time to release the compensation.
3. Award was passed on 19.11.2013, therefore by the time award is passed, the amount of compensation to be paid to the petitioners should be kept ready and delay on the part of the requisition department in making available the amount payable, the land loosers cannot be subjected to suffering. Hence, request of time for three months is rejected and respondents shall take immediate steps to release the amount determined and pay the same to petitioners within a period of six weeks from today, if there is any delay beyond six weeks, petitioners are entitled to interest from the date of award till the date of realization. Further, immediately after payment of the compensation, matter shall be referred to Civil Court under Section 18 of the Act. Petitioners shall submit the details of bank account where the amount of compensation should be credited.
4. With the above directions, the writ petition is disposed of. No costs. Sequel to the same, the miscellaneous petitions, if any stand closed.
P NAVEEN RAO,J DATE: 28.10.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.30184 of 2014 Date : 28-10-2014 tvk