HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.33004 OF 2014 Date: 09.12.2014 Between :
Muppa Jayamma W/o.late Venkaiah, Aged about 46 yrs, r/o.Miryalaguda, Nalgonda District and others.
….. Petitioners And The Land Acquisition Officer-cum-Revenue Divisional Officer, Miryalaguda, Nalgonda District and others.
….. Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.33004 of 2014 ORDER:
For the purpose of formation of bypass road within the limits of Miryalaguda Municipality, land of the petitioners to an extent of Ac.2.34 guntas in Sy.NOs.711/2a, 711/2b, 716/b and 716/2c of Miryalaguda village and Mandal was acquired. Award was passed on 19.09.2002. The Land Acquisition Officer determined compensation at Rs.2,50,000/- per acre. Aggrieved by this, petitioners filed application under Section 18 of the Land Acquisition Act (for short, ‘the Act’) to refer the dispute to the Civil Court for enhancement of compensation. On their application, Land Acquisition Officer referred the matter to the Civil Court. O.P.No.5 of 2005 was registered on the file of Senior Civil Judge at Miryalaguda. The Senior Civil Judge, Miryalaguda, by common order in the above O.P., and several other O.Ps, determined compensation at the rate of Rs.564/- per square yard in addition to the statutory benefits under the Act.
2. Aggrieved by the said order of the Senior Civil Judge, State filed L.A.A.S.No.9 of 2013 before this Court. On 27.11.2012, this Court granted interim stay on the operation of the order in O.P.No.5 of 2005 subject to the State depositing an amount of Rs.25,00,000/- to the credit of O.P.No.5 of 2005 on the file of Senior Civil Judge, Miryalaguda, within a period of six weeks from that day. Since the amount as directed by this Court was not deposited, the earlier interim order granted was modified by order dated 13.02.2013 by granting interim stay subject to the condition of State depositing 50% of the enhanced compensation together with all statutory benefits within a period of six weeks from that day. It is further ordered that in default of such payment, the interim stay stands vacated and on such deposit the petitioners are entitled to withdraw the same without furnishing any security and without any deductions towards income tax. Inspite of this order, the amount as directed was not deposited within the time granted. Therefore, the stay stood vacated.
3. Even though petitioners filed E.P.No.66 of 2011 on the file of Senior Civil Judge at Miryalaguda, so far E.P., is not taken up since the Land Acquisition Officer expressed inability to deposit the amount as funds are not provided by the Requisition Department. Aggrieved by inordinate delay in depositing the amount, petitioners instituted this writ petition.
4. Written instructions along with documents are furnished to the learned Government Pleader. The letter of Engineer-in-Chief (R&B), dated 25.11.2014 addressed to the Principal Secretary, T,R&B Department is also enclosed. This letter discloses that the District Collector has approved the proposals to make payment of decreetal charges i.e., Rs.2,96,81,288/- and the same was submitted to the Chief Commissioner of Land Administration for approval and the Chief Commissioner has verified the above and approved the amount for Rs.2,94,48,520/-. Therefore, the request was made for permitting to deposit the amounts in the ratio between Telangana State and State o f Andhra Pradesh. Thus, though administrative sanction is now granted, but due to some technical reasons, the amount is yet to be deposited.
5. Having regard to the peculiar facts of this case, writ petition is disposed of directing the 3rd respondent to ensure that the amounts required for complying order in O.P.No.5 of 2005 are credited to the account of the Land Acquisition Officer as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of copy of this order and thereafter the Land Acquisition Officer shall take immediate steps to deposit the amounts to the credit of O.P.No.5 of 2005 on the file of Senior Civil Judge, Miryalaguda. 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: 09.12.2014 Kkm HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.33004 OF 2014 Date: 09.12.2014 kkm