HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.28352 of 2025

ORDER:

Heard learned counsel for the petitioners and Sri.Dharavath Ravi, learned Assistant Government Pleader for Irrigation and CAD appearing for respondent Nos. 1, 5 & 6, Sri Md.Naveed Khan, learned Assistant Government Pleader for Finance and Planning appearing for respondent No.2 and Ms.Radha Reddy, learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.3 and 4. With their consent this writ petition is taken up for disposal.

2. This Writ petition is filed seeking the following prayer:-

“to direct the respondents to pay the amounts payable to the petitioners as per the Land Acquisition Award made under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 Act No.30 of 2013 in proceedings No.F/58/2023 dated 06.03.2025 on the file of Land Acquisition Officer cum RDO, Huzurnagar, together with interest and damages by declaring the action of the Respondents in not releasing the amounts payable to the petitioners as per the land acquisition as illegal, arbitrary, unjust and violative of Article 14, 21 and 300A of the Constitution of India and pass.”

3. Brief facts stated in this writ Petition are that the petitioners claims to be the owners of the land admeasuring to an extent of Ac.18-21 gts., in Sy.Nos.89, 90, 91, 92, 177 & 249 of Chillepally Village of Neredcherla Mandal, Suryapet District. It is further submitted that the subject land was acquired by the respondent authorities for the purpose of submergence of Chillepally Tank and Chinthagunta Tank, situated at Chillepally Village. However, when the compensation was not paid, the petitioners filed the W.P.Nos.13482 and 14274 of 1994, seeking direction to respondent authorities therein to pay the compensation of the petitioners and vide order dated 02.05.1997, the District Collector was directed to initiate acquisition proceedings under LA,Act and pay the compensation amount to the petitioners, within a period of two (02) months from the date of receipt of copy of the said order. Challenging the order dated 02.05.1997, respondent authorities therein filed review petition i.e., WPMPSR No.116235 of 1997 in W.P.No.13482 of 1994 and the same was dismissed on 31.12.2014. Thereafter, WASR No.172778 of 2016 was filed and the same was dismissed on 07.10.2016. Challenging order dated 07.10.2016, SLP Nos.19287 and 13787 of 2022 was filed before the Hon’ble Supreme Court and the same were dismissed vide Common order dated 16.09.2022.

4. The case of the petitioners is that inspite of the above, respondent authorities had not paid compensation to the petitioners, hence, petitioners filed Contempt Case No.1057 and 601 of 2016 and upon the submission made by learned Government Pleader that a preliminary notification under Section 11(1) of Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 would be issued within a couple of weeks, the said contempt cases were closed vide order dated 15.02.2023. Thereafter, land Acquisition officer passed an award in proceeding No.F/58/2023-Chillepally dated 06.03.2025 and addressed a letter to the District Collector to sanction the budget for payment of compensation. However, when no steps were taken for payment of compensation, petitioners issued legal notice dated 20.06.2025 and requested the respondent authorities to pay compensation to the petitioners. It is further submitted that the subject lands were acquired more than 30 years ago and till date compensation is not paid to the petitioners. Aggrieved by the same, this writ petition is filed.

5. Learned Government Pleader for Irrigation and CAD appearing for respondent Nos.1, 5 & 6 placed on record instructions issued by respondent No.6, wherein it is submitted that the Joint Secretary to Government, I & CAD (LA) has requested to furnish the proposal in full shape along with the required document