HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 3666 of 2012 Dated: 23.01.2014 Between:
Karukuri Srinivas s/o.Pochaiah, Aged about 32 years, occu:Agriculture, R/o. H.No.7-37, Namnoor Village, Mancherial Mandal, Adilabad District.
…..Petitioner And The Office of the Spl.Dy.Collector (LA, R&R), Sripada Sagar Project, Mancheriala, Adilabad District and others.
…..Respondents The Court made the following:
HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.3666 of 2012 ORDER:
Petitioner and third respondent are the brothers. By following due process of law as mandated by the Land Acquisition Act, 1894 (for short, ‘the Act’), house property bearing Municipal No.7-37 in Namnoor Village, Mancherial Mandal of Adilabad District, was acquired. At the stage of payment of compensation, dispute arose as to the entitlement to receive compensation for a part of the house property. It is the assertion of the learned counsel for the petitioner that in the house property bearing Municipal No.7-37, there are three portions. According to the Land Acquisition proceedings, separate numbers are assigned to these three portions. Against Family Code No.534/1 as incorporated in the award, petitioner was in possession to an extent of 38.11 square meters, third respondent was in possession of property described as Family Code No.534 to an extent of 39.60 square meters and fourth respondent seems to be in occupation of the portion of the property, which is described as Family Code No.534/2 to an extent of 35.10 square meters. Petitioner as well as third respondent disputed the claim of the fourth respondent that he is the owner and entitled to receive compensation. Whereas fourth respondent claims that he is the owner and he alone is entitled to receive compensation in respect of the property described as Family Code No.534/2. Insofar as the property, described as Family Code No.534/1 is concerned compensation is already paid to the petitioner. Just about compensation is being released as against Family Code Nos.534 and 534/2, petitioner instituted this writ petition, opposing the payment of compensation. The grievance of the petitioner is only with reference to Family Code No.534/2 i.e., payment of compensation to the 4th respondent. However, there was a stay of payment of further compensation and, therefore, no compensation was paid even to the third respondent. Aggrieved by the same, third respondent as well as 4th respondent filed vacate petitions.
2. When the matter is taken up for consideration, respondents 3 and 4 and petitioner agreed to refer the matter to the Civil Court under Section 30 of the Act. However, counsel for the third respondent submits that since there is no dispute insofar as the property described as Family Code No.534 and he is entitled to receive the compensation, he may be permitted to receive the compensation.
3. Learned counsel for the fourth respondent submits that the property described as Family Code No.534/2 belongs to the fourth respondent and unnecessary objections are raised by the petitioner and the third respondent and the property is not situated in the same premises and this matter requires consideration by the competent Court.
4. Having regard to the submissions made by the learned counsels on both sides, the writ petition is disposed of as under:
a) The Land Acquisition Officer shall take immediate steps to refer the matter to the Civil Court under Section 30 of the Land Acquisition Act, 1894 to decide rival claims on the property to the extent described as Family Code No.534/2 in the award.
b) Insofar as the property described as Family Code No.534, since petitioner does not dispute the entitlement of third respondent to receive the compensation, the Land Acquisition Officer shall take immediate steps to release the compensation due and payable to the 3rd respondent.
c) It is expected that as the issue of settlement of compensation is pending for a long time, the Land Acquisition Officer shall take immediate steps to refer the matter to the Civil Court immediately. On such reference, the parties are at liberty to make a request for early disposal of the case and the Court shall consider such request for disposal of the matter.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
JUSTICE P. NAVEEN RAO Date: 23.01.2014 kkm HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.3666 of 2012 Dated: 23.01.2014 kkm