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.32587 of 2014 Between:
Sudarshan Goud, S/o. Narayana Goud, Aged 43 years, R/o. Maramunagala Village, Alampur Mandal, Mahaboobnagar District.
.. Petitioner AND The Government of Telangana, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32587 of 2014 ORDER:
Land Acquisition Proceedings were initiated for acquiring the private properties for the public purpose of formation of approach road from Pragatoor Village to Maramunagala Village, Alampur Mandal, under Priyadarshini Jurala Project, Gadwal. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, ‘the Act’) was issued on 26.05.1998. Award No.15 of 2002 was passed on 15.01.2002 for acquiring various extents of land including the lands of the petitioner to an extent of Ac. 18.13 guntas and Ac. 0.18 guntas, situated in Maramunagala Village, Alampur Mandal, Mahaboobnagar District. The Land Acquisition Officer fixed compensation at the rate of Rs.30,000/-, Rs.32,000/- and Rs.34,000/- per acre. Not satisfied with the compensation determined, the petitioner 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.12 of 2003 on 12.07.2006 enhancing the compensation to Rs.60,000/- per acre. Aggrieved thereby, the State preferred L.A.A.S.No.1 of 2007 in this Court. This Court, by judgment, dated 23.09.2013, confirmed the order passed by the Senior Civil Judge, Gadwal, Mahaboobnagar District. In the year 2006, the petitioner filed E.P.No.462 of 2006 for enforcement of the order passed in O.P.No.12 of 2003. The grievance of the petitioner necessitating institution of this writ petition is that in spite of enhancing the compensation by order, dated 12.07.2006, and confirming the said decision by this Court on 23.09.2013, 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 attached and the amounts can be recovered.
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleaders for Land Acquisition and Irrigation.
3. Learned counsel for the petitioner contends that the land of the petitioner was compulsorily acquired and possession was taken in the year 1991. After possession was taken, the land acquisition proceedings were initiated about seven years later and even after almost 23 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 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 petitioner has lost his land and he was paid a meager compensation. The order enhancing the compensation was passed on 12.07.2006 in O.P.No.12 of 2003 and the appeal filed by the State in L.A.A.S.No.1 of 2007 was dismissed on 23.09.2013. Acquisition relates back to 1991 and the award was passed on 15.01.2002 in Award No.15 of 2002. Therefore, even after 23 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-Special Deputy Collector, Priyadarshini Jurala Project, Gadwal, Mahaboobnagar, District (4th 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.32587 of 2014 Date: 9th December, 2014 KL