Akula Eerappa v. The Revenue Divisional Officer

HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.11944 of 2015 Date: April 27, 2015 Between:

1. Akula Eerappa & 8 others. ... Petitioners And

1. The Revenue Divisional officer at Sangareddy, Medak District-cumThe Spl. Deputy Collector, Land Acquisition Officer, Singoor Project, Medak at Sangareedy, Telangana State & 3 others. ... Respondents * * * HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.11944 of 2015 O R D E R:

Heard learned counsel for the petitioners and the learned Government Pleader for the respondents.

2. The petitioner prays for Mandamus directing respondents to credit compensation together with interest on solatium and additional market value to petitioners to O.P.No.641 of 1991 on the file of the Additional District Judge's Court, Sangareddy, Medak District.

3. The facts and circumstances are not in dispute, but a few circumstances are referred to complete narration. The Land Acquisition Officer determined the compensation for the lands acquired at Rs.10,000/- per acre. The extent acquired by the respondents is Ac.76.35 1⁄2 guntas. On reference under Section 18 of the Land Acquisition Act, the Reference Court enhanced the compensation from Rs.10,000/- to Rs.12,000/-. The claimants filed A.S.No.888 of 2002. Through the judgment dated 28.06.2011, A.S.No.1967 of 2002 was allowed by enhancing the compensation from Rs.10,000/- granted by the Land Acquisition Officer to Rs.26,044/-. The complaint of the petitioners is that the respondents have not paid or deposited the compensation enhanced by this Court through judgment and decree dated 28.06.2011. As the facts are not in dispute, the non-payment of compensation certainly deprives the petitioners the fruits of determination of compensation by this court and is certainly illegal.

4. The respondents are directed to deposit the compensation payable in terms of judgment and decree dated 28.06.2011 in AS No.1967 of 2002 within a period of two months from the date of receipt of a copy of this order along with a calculation memo setting out the amounts paid and the amounts now paid in terms of the orders of this Court. With the deposit of compensation, the petitioners are free to approach the trial Court for withdrawing the same.

5. The writ petition is ordered accordingly.

6. Pending miscellaneous petitions, if any, shall stand closed in

consequence. No order as to costs.

___________ S.V. BHATT, J Date: April 27, 2015.

BSB HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.11944 of 2015

Date: April 27, 2015 BSB