IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40099 of 2014 Between:
Parigi Nalla Reddy, S/o. Hanumanthu, Aged 52 years, R/o. Nandimalla Village, Atmakur Mandal, Mahabubnagar District & 7 others .. Petitioners AND State of Telangana, Rep. by Principal Secretary, Revenue, Secretariat, Hyderabad & 2 others ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40099 of 2014 ORDER:
Land Acquisition Proceedings were initiated for acquiring the private properties for the public purpose for formation of link road from Nandimalla R & R Center to Kistampally Cross Road under Priyadarshini Jurala Project, Gadwal. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 28.02.2001. Award No.19 of 2004 was passed on 28.03.2004 for acquiring various extents of land including the lands of the petitioners in Survey Nos.146, 147, 148, 149 and 155, situated at Nandimalla Village, Atmakur Mandal, Mahabubnagar District. The Land Acquisition Officer fixed compensation at the rate of Rs.30,000/- per acre for dry lands and Rs.35,000/- per acre for wet lands along with statutory benefits. Not satisfied with the compensation determined, the petitioners 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.01 of 2006 on 25.08.2008 enhancing the compensation to Rs.66/- per square meter. Aggrieved thereby, the State preferred L.A.A.S.No.28 of 2009 in this Court. This Court, by judgment, dated 24.09.2013, confirmed the order passed by the Senior Civil Judge, Gadwal, Mahaboobnagar District. In the year 2009, the petitioner filed E.P.No.17 of 2009 for enforcement of the order passed in O.P.No.01 of 2006. The grievance of the petitioners necessitating institution of this writ petition is that in spite of enhancing the compensation by order, dated 25.08.2008, and confirming the said decision by this Court on 24.09.2013, so far the difference of compensation payable to the petitioners is yet to be paid. The petitioners are unable to enforce the order passed in their 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 petitioners and the learned Assistant Government Pleaders for Land Acquisition and Irrigation.
3. Learned counsel for the petitioners contends that the lands of the petitioners were compulsorily acquired and possession was taken in the year 2001. The land acquisition proceedings were initiated in the year 2001 and even after almost 13 years, the petitioners are yet to get the compensation they are 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 Irrigation, 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 petitioners have lost their land and they were paid a meager compensation. The order enhancing the compensation was passed on 25.08.2008 in O.P.No.01 of 2006 and the appeal filed by the State in L.A.A.S.No.28 of 2009 was dismissed on 24.09.2013. Acquisition relates back to 2001 and the award was passed on 28.03.2004 in Award No.19 of 2004. Therefore, even after 13 years of acquisition, the compensation payable to the petitioners is not fully paid. For no fault of the petitioners, they are made to suffer the ignominy of not receiving the full compensation and not utilizing the funds for alternative purposes which they are 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 petitioners were helpless in enforcing the decree passed in their 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 petitioners have no alternative remedy except to invoke the extraordinary jurisdiction of this Court. In the facts of this case, the petitioners have made out case for exercising the extraordinary jurisdiction by this Court and granting relief as sought by them.
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 and Special Deputy Collector, Priyadarshini Jurala Project, Gadwal, Mahaboobnagar, District (3rd 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: 29th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40099 of 2014 Date: 29th December, 2014 KL