Writ petitions dismissed as petitioners cannot pursue parallel remedies when the same issue is pending in appeal, emphasizing judicial economy.

ORDER :

These two Writ Petitions are filed seeking a Writ of Mandamus to declare the action of the respondents 3 and 4 in not complying with the order, dated 22.08.2022 passed by this Court in W.P.Nos.31035 and 31114 of 2022 and not depositing the interest amount in terms of Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the Act, 2013” for brevity) into the credit of L.A.O.P.No.26 of 2017 on the file of the Land Acquisition, Rehabilitation and Resettlement Authority, Hyderabad (“the Authority” for brevity), as illegal and arbitrary.

2. The petitioners herein have lost their property in the acquisition proceedings initiated by the respondents 3 and 4 covered by Award bearing No.C3/1293/2015, dated 03.03.2016. In view of dispute about entitlement for payment of compensation for an extent of 331.35 square yards of land, the matter was referred to the Authority under Section 77(2) of the Act, 2013 and the same was taken on file as L.A.O.P.No.26 of 2017. The compensation amount payable in respect of the said extent of land to a tune of Rs.4,23,88,042/- was sought to be deposited before the said Authority through Pay Order No.593306 dated, 15.06.2017 but the same was not accepted at the relevant point of time on the ground that the required bank account was not opened in the name of the said Authority as on the said date. However, the respondents 3 and 4 have not taken any steps for depositing the said amount at a later point of time. Under those circumstances, the petitioners herein approached this Court by filing W.P.Nos.31035 and 31114 of 2022 questioning the action of the respondents in not depositing the compensation into the credit of L.A.O.P.No.26 of 2017. This Court, having entertained the said Writ Petitions, passed an interim order in I.A.No.1 of 2022 directing the fourth respondent to deposit the entire compensation amount of Rs.4,23,88,042/- within a period of ten days. Accordingly, the said amount was deposited. Thereafter, W.P.No.31035 of 2022 was disposed of by this Court on 05.07.2023 directing the respondents to consider the representation, dated 09.07.2022 submitted by the petitioners. The said representation is with regard to the deposit of the interest amount on the compensation amount of Rs.4,23,88,042/- in terms of Section 80 of the Act, 2013. Thereafter, the fourth respondent deposited an amount of Rs.1,47,05,748/- into the credit of L.A.O.P.No.26 of 2017 towards the interest payable on the compensation amount. Aggrieved by such deposit and claiming that the said quantum of interest is not in compliance with Section 80 of the Act, 2013, the petitioners approached this Court by filing the present Writ Petitions.

3. The respondents 1 to 3 filed a counter affidavit and the fourth respondent filed a separate counter affidavit.

4. From a perusal of the counter affidavits, it is noticed that the petitioners herein have already raised the very same issue with regard to the quantum of interest amount deposited by the fourth respondent before the Authority in L.A.O.P.No.26 of 2017 and the said Authority, after having considered the claim made by the petitioners, declined to accept the claim of the petitioners by passing an order, dated 10.02.2023. Aggrieved by the said judgment and decree, dated 10.02.2023, the petitioner in W.P.No.31035 of 2022 filed L.A.A.S.No.20 of 2023. A copy of the grounds of appeal filed in L.A.A.S.No.20 of 2023 is filed by the third respondent along with its counter affidavit. A perusal of the said memorandum of grounds and the relief sought in the said appeal suit clearly indicates that the claim made by the petitioners in the present Writ Petition is also the subject matter of the said L.A.A.S., which is pending before this Court. The calculation of the interest by the fourth respondent is in accordance with Section 80 of the Act, 2013 or not; whether the fourth respondent is liable to deposit the interest in terms of