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High Court for State of TelanganaWP/2630/2015disposed of no costs

Kurva Sanappa v. The State Of Telangana Rep By Its Principal Secretary,

2016-04-19A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.2630 of 2015 ORDER:

The case of the petitioners is that their lands were acquired for submergence under Sangambanda Project. Notification under Section 4(1) of Land Acquisition Act (for short "the Act") was published on 05-02-2008 and fixed market value of Rs.125/- per Square meter. A reference was made under Section 8 of the Act before the Senior Civil Judge at Narayanapet and the same was numbered as L.AOP.No.45 of 2012. The petitioners are the claimants 21 to 41 in the said LAOP and the reference Court has disposed of said OP vide order dated 25-022013 enhancing the compensation from Rs.125/- to 250/- per square meter. In pursuance of the same, the 3rd respondent sent proposals to the 1st respondent for sanction of decreetal amount in LAOP.NO.45 of 2012 for payment to the claims.

The 1st respondent after examination of the proposals accorded sanction for an amount of only Rs.36,33,355/- vide GO.Rt No.38, dated 18-07-2014 in respect of claimants 1 to 20 in LA.OP.No.45 of 2012. Though the petitioners are entitled for compensation on par with claimants 1 to 20 in LAOP.No.45 of 2012, because of lapse on the part of 4th respondent in sending the proposals, amount was not sanctioned for payment of amount to the petitioners as per

the award dated 25-02-2013 passed LAOP.No.45 of 2012. Aggrieved by the same, the present writ petition is filed.

Counter is filed by 4th respondent admitting the case of the petitioners and also admitting about the payment of compensation to the claimants 1 to 20 in LAOP.No.45 of 2012 stating that proposals for decreetal charges payable to the petitioners were not sent to the Government, since their names are under verification and after receiving the order from the Government, proposals will be sent for payment of decreetal amount.

Now learned counsel for the petitioner produced proceedings No.B/36/2013, dated-11-2015 addressed by the 4th respondent to the 3rd respondent for recommending the same to the 1st respondent for payment to the petitioners.

Heard learned Assistant Government Pleaders for 1st respondent and 3rd respondent.

In view of the averments made in the counter affidavit and in view of proposals in Proceedings No.B/36/2013, dated-11-2015, the case of the petitioners also stated to be submitted, I direct the 3rd respondent to take appropriate action for payment of compensation to the petitioners as per the award dated 25-02-2013 in LAOP.No.45 of 2012 within a period of four months from the date of receipt of a copy of this

order.

Accordingly, the writ petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 19-04-2016 Nvl