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.36729 of 2014 Between:
Parvatamma (died) per L.Rs.
P. Satya Reddy, S/o.Late P. Govind Reddy, Aged about 53 years, Occ: Agriculture, R/o. Dharoor (Village) and (Mandal), Mahaboobnagar District.
.. Petitioner AND The Commissioner, Social Welfare, Samskshema Bhavan, Masabtank, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36729 of 2014 ORDER:
On 12.09.1984 notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued for acquiring the lands of the private individuals for the purpose of providing house site to weaker sections. The land of the petitioner to an extent of Ac. 8.00 guntas, situated in Patha Palem Village, Dharoor Mandal, Mahaboobnagar District, was also subject matter of the said acquisition. Award was passed on 06.02.1985 and the Land Acquisition Officer determined the compensation per acre as Rs.20,000/- and deducted 1/4th for the purpose of providing amenities. Not satisfied with the compensation determined, the petitioner filed an application under Section 18 of the Act for enhancement of the compensation. Accordingly, the matter was referred to civil Court. In O.P.No.728 of 1985, the Senior Civil Judge, Gadwal, Mahaboobnagar District, passed order on 27.04.1994 determining the compensation to Rs.20,000/-, but deducted 1/3rd of the same and ultimately Rs.15,000/- was enhanced as compensation payable per acre. Aggrieved thereby, the State preferred an appeal in Appeal No.1052 of 1994 before this Court. This Court passed an order on 16.10.1998 by confirming the enhancement, but modified the deduction from 1/4th to 1/3rd and solatium from 50% to 30%. Aggrieved by non-payment of the compensation as determined, the petitioner filed E.P.No.158 of 2008, on the file of the Senior Civil Judge, Gadwal, Mahaboobnagar District, and the same is still pending consideration. The grievance of the petitioner necessitating institution of this writ petition is that in spite of enhancing the compensation by order, dated 27.04.1994, and confirming the said decision by this Court on 16.10.1998, 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 assessed 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. After possession was taken, the land acquisition proceedings were initiated and even after almost 40 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 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 27.04.1994 in O.P.No.728 of 1985 and the appeal filed by the State in Appeal No.1052 of 1994 was dismissed on 16.10.1998. Acquisition relates back to 1984 and the award was passed on 06.02.1985. Therefore, even after 40 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-Tahasildar, Dharoor Mandal, 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: 9th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36729 of 2014 Date: 9th December, 2014 KL