Sanjay Kumar Pandey v. State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.26965 of 2017 ORDER:

Heard learned counsel for petitioners and learned Government Pleader for respondents 1 and 2.

It is the case of the petitioners that their lands situated in an extent of Ac.0.33 gts in Gollaguda Village, Nalgonda Mandal, was acquired by the 2nd respondent for laying 60 feet Master Plan Road from Head Quarters Hospital to Railway Station in Nalgonda Municipality vide award dated 20.10.1998. The petitioners claimed Rs.400/- per Sq.yd, whereas, the Land Acquisition Officer has fixed at Rs.36.50 Sq.yd. In the reference to the Civil Court in O.P. No.12 of 1999 it was enhanced to Rs.75/- per Sq.yd. An appeal was preferred by the State against the said order and petitioners filed Cross Objections in the appeal and ultimately, the appeal and cross objections were disposed of by Division Bench of this Court on 20.09.2013 enhancing the compensation to Rs.140/- per Sq.yd.

The petitioners filed E.P. No.195 of 2015 in O.P. No.12 of 1999 claiming compensation of Rs.39,92,335/- as per the judgment of this Court as on 01.06.2015 and even though the said execution petition is pending, no compensation was deposited. In these circumstances, the present writ petition is filed. Learned Government Pleader submits that though a letter was addressed by the 2nd respondent to the 3rd respondent way back in 2015, the 3rd respondent did not provide funds to the

2nd respondent to deposit the amount of compensation. Learned Government Pleader relied on the decision of this Court in Bhimidipati Annapoorna Bhavani v. Land Acquisition Officer, Yeluru Reservoir Project, Peddapuram, East Godavari District, A.P., and others1 and submits that in respect of pendency of execution petition, this Court can order to deposit the compensation in the pending execution petition. Since there is no dispute with regard to enhancement of compensation and pendency of execution petition, the 3rd respondent shall provide funds to the 2nd respondent within a period of three months from the date of receipt of copy of this order and the 2nd respondent shall deposit the said amount in the pending E.P. for taking further steps by the petitioners. Accordingly, the Writ Petition is disposed of. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. _________________________________ A.RAMALINGESWARA RAO, J 11.08.2017 knl 1 2005 (3) ALD 233 (LB)