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High Court for State of TelanganaCC/621/2017closed no costs

Mekala Adinaryana, Nellore Dist. v. Revu Mutyalaraju, Sps Nellore Dist. And 2 Others

2018-08-03S.V.Bhatt2 pages

THE HON'BLE SRI JUSTICE S.V.BHATT CONTEMPT CASE No.621 of 2017 ORDER:

Heard Mr. Ram Mohan Palanki for petitioner and the learned Assistant Government Pleader for Land Acquisition. Apropos the order dated 20.07.2018, the respondents informed the Court that they have in fact taken steps to tender compensation to petitioner. Further, petitioner declined to receive the compensation. Therefore, the compliance of the direction which the respondents have agreed to place before this Court could not be undertaken. Mr. Palanki Ram Mohan submits that payment of amount either for the land or the building cannot be treated as final determination of compensation to which the petitioner is entitled. The petitioner does not have objection to receive the compensation without prejudice to his rights and remedies for enhanced compensation and is prepared to receive under protest from the respondents.

The statement is placed on record and to give quietus to the issue, the contempt case is considered and closed with the following observations:

(a) The petitioner is given liberty to appear before the Special Deputy Collector (FAC) Land Acquisition, Telugu Ganga Project, Nellore with a copy of this order within two weeks from today.

(b) The Special Deputy Collector (FAC) Land Acquisition, Telugu Ganga Project, Nellore tenders compensation determined by the authorities to petitioner and the petitioner is given liberty to receive the compensation without prejudice to this rights, remedies and contentions in this behalf.

(c) The petitioner, if requests for referring the case for determination of fair compensation, the same is also undertaken within the time stipulated by law and appropriate orders are passed.

(d) The disobedience of the order passed by this Court if still continues, the petitioner is given liberty to seek revival of the same in the contempt case.

Miscellaneous petitions, if any, pending, shall stand closed.

________________ S. V. BHATT, J Date: 03.08.2018 dv