THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.21598 of 2025

ORDER

Heard learned counsel for the petitioners and MS.S.Swathi, learned Assistant Government Pleader for Irrigation appearing for respondent Nos.1 and 5, Sri.Mohd Naveed khan, learned Assistant Government for Finance and Planning appearing for respondent No.2 and Sri.Somu Srinivas Reddy, learned Assistant Government Pleader for Land acquisition appearing for respondent Nos.3 and 4. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:

“to declare the action of the respondents in not depositing Compensation amounts to the petitioners as per award in LAOP No. 811/2023 dt.11.11.2024 as illegal arbitrary and in violative of Article U/s.300A of the Constitution of India and consequently direct the respondents herein to release and pay the decreetal amount.”

3. Brief facts in this writ petition are that the respondent authorities had acquired the petitioners’ land for the purpose of excavation and construction of CM & CD works of Bhuddaram Right Main Canal. Thereafter, respondent authorities under Section 11(1) of the Right to Fair Compensation and Transparency and Rehabilitation and Resettlement Act, 2013 issued notification in Gazette No.32 dated 11.04.2018 and thereafter, declaration in Gazette U/s.19 No.32 dated 26.09.2018 was also issued. Subsequently, an Award bearing No.72 of 2019 in file No.B2/71/2018 dated 11.07.2019 was passed, fixing the market value of land to Rs.1,00,000/- per acre. Aggrieved by the award dated 11.07.2019, petitioners made application under Section 64 of the Right to Fair Compensation and Transparency and Rehabilitation and Resettlement Act, 2013 and the same was numbered as L.A.O.P.No.811 of 2023. The Land Acquisition, Rehabilitation and Resettlement Authority, vide Award dated 11.11.2024, enhanced the market value. Challenging the Award dated 11.11.2024, respondent preferred appeal bearing L.A.A.S.No.13 of 2025 and this Court vide order dated 06.02.2025 in I.A.No.1 of 2025 in L.A.A.S.No.13 of 2025, granted conditional stay of award and directed the respondents to deposit 50% of the amount, within a period of twelve (12) weeks from receipt of copy of the order and the petitioners were permitted to withdraw the same. 4. Learned counsel for the petitioners submits that inspite of the interim order dated 06.02.2025 in I.A.No.1 of 2025 in L.A.A.S.No.13 of 2025, respondent authorities failed to deposit the 50% of the amount. Aggrieved by the Same, this writ petition is filed.

5. Learned counsel for the petitioners had drawn attention of this Court to Judgment passed in Abimidipati Annapoorna Bhavani Vs. Land Acquisition Officer, Yeluru Reservoir Project Peddapuram, East Godavari, A.P. and others, 2005(3)ALT -233 (LB), wherein direction was given to the respondent authorities therein to deposit the compensation amount. Learned counsel for the petitioners further submits that while dealing with the similar circumstance this Court in W.P.No.16529 of 2025 vide order dated 17.06.2025, passed the following order:-

“Recording the submission made by learned counsel appearing on either side and in terms of the order dated 24.04.2025 passed in W.P.No.12425 of 2025, this writ petition is disposed of directing the respondent authorities to deposit 50% of decreetal amount in terms of the order dated 29.09.2023 passed in I.A.No.3 of 2023 in L.A.A.S.No.3 of 2023, L.A.A.S.No.53 of 2023, to the credit of L.A.O.P.No.47 of 2016 on the file of the Senior Civil Judge at Narayanpet, as expeditiously as possible, at any rate within a period of three (03) months from the date of receipt of a copy of this order and communicate the same to the petitioners.”

6. Learned counsel for the petitioners pray this Court to pass similar order as passed in W.P.No.16529 of 2025 dated 17.06.2025.

7. Learned Assistant Government Pleader appearing for respondents s