Kasturi Balaiah, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION Nos.20797 and 20826 of 2016 COMMON ORDER:

Vide these two writ petitions i.e., W.P.Nos.20797 and 20826 of 2016, the petitioners, while assailing the inaction of respondents in paying compensation for the lands acquired, even after a long lapse of 15 years, seek a direction to the respondents to deposit the compensation as determined in the suits O.P.No.99 of 2010 and O.P.No.1 of 2005, respectively, on the file of Senior Civil Judge, Miryalaguda (for short, 'the Reference Court').

2. Since the issue and the relief sought in both the petitions being identical, they are taken up together for disposal by way of this common order.

3. It is not in dispute that the lands of the petitioners were acquired under the provisions of Land Acquisition Act, by issuing Section 4(1) notification on 15.02.2000 and Award was passed on 19.09.2002 by awarding compensation at the rate of Rs.2,50,000/- per acre. Upon reference under Section 18 of the Act, the Reference Court, vide its Judgment dated 29.06.2010 in O.P.No.99 of 2010, and Judgment dated 25.02.2009 in O.P.No.1 of 2005, enhanced the compensation by awarding Rs.564/- per Square Yard. Aggrieved thereby, the respondent-

State approached this Court by way of filing L.A.A.S No.97 of 2010 and L.A.A.S.No.147 of 2010, respectively, and the said appeals were dismissed by the Division Bench of this Court vide order dated 24.09.2014 and 27.02.2015, respectively. After dismissal of appeals, the petitioners filed execution petitions i.e., E.P.No.203 of 2015 and E.P.No.21 of 2016 along with Calculation Memos, requesting to deposit the compensation. It is their grievance that the respondents have not deposited the compensation till date.

4. Learned G.P. for Land Acquisition and learned G.P. for R&B submit that it will take another six months to deposit the amounts.

5. It is difficult to digest that when the respondent-State lost the battle before the Reference Court and the Division Bench of this Court has also confirmed the orders passed by the Reference Court, how can it sit on the compensation amount to which the petitioners are entitled and ought to have received way back in 2002. The submission of the learned G.P., that it will take another six months time is not acceptable to this Court.

6. Keeping in view the journey traveled by the petitioners before different Courts, I hereby direct the respondents to deposit the total compensation amount within four weeks from today; failing which, the petitioners shall be entitled to additional interest at 9% per annum on

delayed payment.

7. At this juncture, it is sought to be argued by the learned Government Pleader that since there are number of respondents, it requires further time to sort out and clear the file/issues pertaining to individual respondents. The argument advanced by the learned Government Pleader does not appeal to me as the possession of land was taken over by the respondent-State way back in the year 2000 and the payment of compensation is long over due.

8. Therefore, I hereby direct all the respondents to sit together and sort out and clear their respective file/issues within no time so that they will not pass the buck and claim that one file is cleared by one respondent and the other file is not cleared.

9. I hereby make it clear that if the petitioners are aggrieved by the action or inaction of the respondents, they are at liberty to approach appropriate forum.

10. The writ petition is, accordingly, disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.

________________________ SURESH KUMAR KAIT, J 04th August, 2016 ksm

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION Nos. 20797 and 20826 of 2016 04th August, 2016 ksm