Gorla Narendar Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Date:09.08.2018 Between:

Gorla Narendar Reddy, S/o Seetha Reddy .....Petitioner And:

The State of Telangana, reptd by its Principal Secretary, Revenue Department, Land Acquisition and six others.

....Respondents Counsel for the petitioner: Mr. P.Vishnuvardhana Reddy Counsel for respondent Nos.1 to 4: GP for Revenue (TS) Counsel for respondent No.5: Mr. J.Sreenivasa Rao Counsel for respondent No.7: Mr. J.Anil Kumar The Court made the following:

CVNR, J & GSP, J Dt:09.8.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for the following substantive relief:

"to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not disbursing the requisite compensation amount i.e., a cheque for an amount of Rs.26,36,410/-and also interest at 18% per annum pursuant to Award passed by the Lok Adalath Bench at Khammam, in Lok Adalat Case No.441 of 2016 in LAOP.No.619 of 2014 on the file of the Hon'ble District Judge, Khammam, dated 30-03-2016, for a total extent of Ac.489-04 guntas of land situated at Kommepally Village, Sathupalli Mandal, Khammam District, acquired by Singareni Collieries as illegal, arbitrary and in violation of Articles-14 and 21 of the Constitution of India and the Land Acquisition Act, 1894 and consequently, to direct the respondents to disburse the above-mentioned compensation with applicable interest forthwith or to consider passing fresh Awards under the Right to fair Compensation and Transparency in Land Acquisition rehabilitation and resettlement Act, 2013."

Mr. P.Vishnuvardhana Reddy, learned Counsel for the petitioner, has invited our attention to the Division Bench Judgment of this Court in WP.No.13976 of 2018 and batch, dated 30.04.2018, and submitted that the issues raised in this Writ Petition are squarely covered by the said Judgment. Mr. J.Anil Kumar, learned Standing Counsel for the State Legal Services Authority, submitted that in WP.No.21315 of

CVNR, J & GSP, J Dt:09.8.2018 2017, this Court has ordered status quo with respect to disbursement of the compensation in pursuance of Lok Adalat Award, dated 26.07.2016, in LAOP.No.619 of 2014. The learned Counsel for the petitioner submitted that though the LAOP in which the Lok Adalat has passed awards is common, separate awards were passed with reference to individual claims and that the awards in respect of which WP.No.21315 of 2017 was filed do not include Award No.441 of 2016, which is questioned in this Writ Petition. On verification of the aforementioned interim order, the learned Standing Counsel for the State Legal Services Authority has fairly agreed with the submission of the learned Counsel for the petitioner. He has also fairly conceded that the aforementioned Division Bench Judgment, dated 30-04-2018, in WP.No.13976 of 2018 and batch covers this case as well. In the light of the above, this Writ Petition is allowed as prayed for.

As a sequel, IA.No.1 of 2018, filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHYAM PRASAD 09th August, 2018 DR