HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4627 OF 2013 Date: 06.12.2014 Between :
Thathireddy Thirupathi Reddy, S/o.late Venkata Swamy Reddy, Aged about 60 years, occu:Retired Teacher, r/o.H.No.7-47-A, Venkatapuram Village, Sirvel Mandal, Kurnool District and another … Petitioners and The District Collector cum Arbitrator of NH-18, Kurnool District and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4627 OF 2013 ORDER:
Notification under Section 3A of National Highways Act, 1956 ( for short, ‘the Act’) was issued to acquire land for the purpose of National Highway including the land of petitioners in Sy.No.126/2 of Yerraguntla Village, Sirvel Mandal, Kurnool District to an extent of Ac.0.57 cents. Award was passed and compensation payable was determined. At the stage of settlement of compensation, objections were raised by Satharu Venkata Laxmi Peddy and Satharu Srinivasa Reddy saying that land to an extent of Ac1.90 cents in Sy.No.126 is their ancestral property and their father has purchased the land and not sold to others and requested not to pay compensation to petitioners i.e., Thathireddy Thirupathi Reddy and Thathireddy Baby Sarojini. Since there was a rival claim on the compensation payable, in accordance with the provisions contained in Section 3H(4) of the Act, matter was referred to Civil Court. Aggrieved by non-payment of compensation even though two years have elapsed from the date of acquisition, this writ petition is instituted praying to direct the respondent authorities to pay compensation to petitioners. Petitioners have also arrayed the persons who filed rival claims as respondents 5 and 6 in the writ petition.
2. Learned Government Pleader produced written instructions furnished to him, which would disclose that on 28.02.2013 reference was made to the Court of Senior Civil Judge, Allagadda to adjudicate the issue of rival claims. The reference is pending at the stage of compliance of objections raised by the Court.
3. Having regard to the fact that there are rival claims and matter was already referred to Civil Court for deciding the dispute of rival claims, the prayer of petitioners to direct respondent authorities to pay compensation to them in accordance with the award passed to an extent of Ac.0.57 cents in Sy.No.126/2 of Yerraguntla Village, Sirvel Mandal, Kurnool District, does not arise. However, action of the respondent authorities in not persuing the reference is not appreciated. There is inordinate delay in persuing the issue of claim before the concerned Civil Court and matter is pending at the stage of compliance of objections raised by the Court for almost two years.
4. At this stage, learned Government Pleader requests to grant three weeks time to comply with the objections raised by the Court of Senior Civil Judge, Allagadda and to persue the matter.
5. Accordingly, writ petition is disposed of directing the Joint Collector, Kurnool, to take immediate steps, at any rate within three weeks from the date of receipt of copy of this order, to comply with the objections raised by the Court of Senior Civil Judge, Allagadda and O.P. is registered. On failing to comply with the objections as ordered above, the District Collector, Kurnool, shall take appropriate action against the officer responsible for inordinate delay. 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: 06.12.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.4627 OF 2013 Date: 06-12-2014 kkm