THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.37340 of 2016

ORDER

Heard, learned counsel for the petitioner and learned Assistant Government Pleader for Land Acquisition appearing for respondent Nos.1 and 3; learned Assistant Government Pleader for Irrigation appearing on behalf of respondent No.2. With their consent this writ petition is taken up for disposal.

2. This writ petition has been filed seeking the following prayer:-

“declaring the action of the Respondents in not paying the compensation of Rs.88,92,199/- in pursuance of the Judgment and decree dated 06.03.1995 passed in O.P.No.19 of 1985 and O.P.No.14 of 1985 on the file of the Court of Principal Senior Civil Judge, Gadwal as illegal, arbitrary and unjust and contrary to the principles of natural justice.”

3. Brief facts stated in this writ petition are that petitioners claims to be absolute owners and possessors of land to an extent of Ac.7-62 ½ cents in Sy.No.70, situated in Jillellapad Village, Alampur Mandal, Mahabubnagar District. The said land was acquired by way of Section 4(1) notification dated 30.05.1974 and an award was passed vide Award No.80 of 1979 dated

14.11.1979. Thereafter, the matter was referred under Section 18 of the Land Acquisition Act and the same was numbered as O.P.No.19 of 1985. The said O.P was allowed enhancing the compensation. Thereafter, decree in O.P.No.19 of 1985 was modified by order dated 20.12.1995 in I.A.No.827 of 1993 in terms of G.O.Ms.No.234 I&CAD Department dated 15.10.1993. When the said compensation was not paid, petitioners have filed E.P.No.1002 of 2007 on the file of Senior Civil Judge, Gadwal. The other lands of petitioners were acquired and award was passed vide Award no.59 of 1979 dated 07.09.1979 which was subject matter of O.P.No.14 of 1985 and the said O.P. was also decreed on 06.03.1995 and was amended vide order dated 20.12.1995 in I.A.No.825 of 1995. The main grievance of the petitioners is that their substantial rights in the land have gone by virtue of Land Acquisition and they are deprived of compensation for the last 42 years as the notification was issued on 30.05.1974. Questioning the same, the present writ petition is filed.

4. A counter affidavit has been filed by respondent No.3 i.e., Special Deputy Collector, Land Acquisition, Jogulamba Gadwal District stating that as per E.P.No.1001/2007 in O.P.No.14/1985, the decree holders are entitled with compensation of Rs.2,80,944/- and as per E.P.No.1002/2007 in O.P.No.19/1985, the decree holders therein are entitled to Rs.66,85,139/-. After cross verification with reference to the award proceedings and calculation statement made as per the order passed by the Reference Court, the decree holders in E.P.No.1001/2007 are entitled with an amount of Rs.3,73,683/- and the decree holders in E.P.No.1002/2007 are entitled with an amount of Rs.40,03,751/-. As such the proposals are submitted to the Special Deputy Collector, Bheema Project, Mahabubnagar District vide letter dated 23.11.2016 for onward transmission to the Government for release of compensation.

5. Recording the submission made by learned counsel appearing on either side, this writ petition is disposed of directing the respondent authorities to deposit the decreetal amount in terms of the order and decree, passed in O.P No.14 of 1985 and 19 of 1985, by the Senior Civil Judge at Gadwal, to the credit of E.P No.1001 of 2007 and E.P.No.1002 of 2007 respectively at any rate within a period of three (3) months from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

__________________________________ JUSTICE N.V. SHRAVAN KUMAR Dated 03.07.2025 mrm