Abida Parveen v. The Special Deputy Collector (L.A.)

* HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN + L.A.A.S. No.275 of 2018 % Date: 08-10-2018 # Abida Parveen W/o M.A. Mannan, Aged 51 years, Housewife, R/o H.No.8-1-329/A/1/5, Kohesar Colony, Shaikpet, Hyderabad, Telangana State-500 008, Presently residing at 32, Oakfield Road, N4 4NL, Harringay, London, U.K.

... Appellant/Petitioner Vs.

$ The Special Deputy Collector (L.A.), G.H.M.C., Hyderabad ... Respondent/Respondent ! Counsel for Appellant:

Mr. V.Ramchander Goud Counsel for Respondent:

Mr. Chatla Madhu, Standing Counsel < Gist:

> Head Note:

? Cases referred:

Nil.

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN L.A.A.S.No.275 of 2018 Judgment: (per V.Ramasubramanian, J.) This appeal arises out of an order passed by the Land Acquisition, Rehabilitation and Resettlement Authority.

2. Heard Mr. V.Ramchander Goud, learned counsel for the appellant and Mr. Chatla Madhu, learned Standing Counsel for the respondent.

3. The issue raised in the appeal is squarely covered by the judgment of this Court dated 19-9-2018 in L.A.A.S. Nos.221, 222 and 237 of 2018. Those three appeals arise out of the very same common order passed by the Land Acquisition, Rehabilitation and Resettlement Authority, dated 20-6-2018. Therefore, this appeal is also allowed to the very same effect. The order of the Land Acquisition, Rehabilitation and Resettlement Authority is partly modified, holding that the appellant is entitled to interest at the rates fixed statutorily under Section 72 under the contingencies prescribed, both in the substantial provision as well as in the proviso. Insofar as costs are concerned, there are no indicia in Section 71. Therefore, the Court has only two options, either to direct the Authority to fix the costs or to fix the costs by itself. For the purpose of fixing the quantum of costs, we do not wish to remand the matter back. Therefore, the appellant is entitled to the costs of Rs.50,000/- (Rupees fifty thousand

only) apart from the interest payable as per Section 72. Pending applications, if any, shall stand closed. No costs. ___________________________ V.RAMASUBRAMANIAN, J.

_______________ J.UMA DEVI, J.

08th October, 2018.

Ak

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN L.A.A.S.No.275 of 2018 (per VRS, J.) 08th October, 2018.

(Ak)