Gorla Savithri v. The State Of Telangana
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE T.AMARNATH GOUD Writ Petition No.40461 of 2018 Date: 15.11.2018 Between:
Gorla Savithri ... Petitioner And:
The State of Telangana rep. by its Prl. Secretary Revenue Dept. (Land Acquisition), Hyderabad and 6 others
...Respondents
Counsel for the Petitioners: Mrs. B.Rachana Reddy Counsel for respondent Nos.1 to 4: GP for Land Acquisition (TS) Counsel for respondent No.5: Mr. J.Srinivasa Rao, SC for Singareni Colleries Co. Ltd.
Counsel for respondent No.7: Mr. J.Anil Kumar, SC for State Legal Services Authority The Court made the following:
CVNR, J & TA, J WP.No.40461 of 2018 Dated:15.11.2018 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for the following substantive relief: "...issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not disbursing the requisite compensation amount ie., a cheque for an amount of Rs.1,54,29,805/- (Rupees One crore fifty four lakhs twenty nine thousand eight hundred and five only) and also interest at 18 % per annum pursuant to Award passed by the Lok Adalath Bench at Khammam ie., in Lok Adalat Case No.457 of 2016 in LAOP.No.619 of 2014 on the file of the Honble District Judge, Khammam dated 29.03.2016 for land to a total extent of Ac.12.14 guntas of land in various survey numbers, viz Sy.Nos.
123 and 130 of Kommepally Village, Sathupalli Mandal, Khammam District acquired by Singareni Collieries as illegal arbitrary in violation of Articles-14 and 21 of the Constitution of India, Land Acquisition Act 1894 and consequently, to direct the respondents to immediately disburse the above mentioned compensation with applicable interest immediately forthwith or to consider passing fresh Awards under the Right to fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 as ordered by this Honble High Court in Writ Petition No.29969 of 2018 order passed on 23.08.2018 and Writ Petition No 19062 of 2018 order passed on 14.06.2018 in the interest of justice."
Mrs. B.Rachana Reddy, the learned counsel for the petitioner, has invited our attention to the Division Bench Judgment of this Court, dated 30.04.2018, in Writ Petition No.13976 of 2018 and batch and submitted that the issues raised in this Writ Petition are squarely covered by the said Judgment.
Mr. J.Anil Kumar, learned Standing Counsel for the State Legal Services Authority, submitted that in Writ Petition No.21315 of 2017, this Court has ordered status quo with respect to disbursement of the compensation in pursuance of Lok Adalat Award, dated 26.07.2016, in LAOP.No.619 of 2014. The learned Counsel for the petitioner submitted that though the LAOP in which the Lok Adalat has passed awards is common,
CVNR, J & TA, J WP.No.40461 of 2018 Dated:15.11.2018 separate awards were passed with reference to individual claims and that the awards in respect of which WP.No.21315 of 2017 was filed do not include Award No.457 of 2016, which is the subject matter of this Writ Petition.
On verification of the aforementioned interim order, the learned Standing Counsel for the State Legal Services Authority has fairly agreed with the submission of the learned Counsel for the petitioner. He has also fairly conceded that the aforementioned Division Bench Judgment, dated 30.04.2018, in WP.No.13976 of 2018 and batch covers this case as well.
In the light of the above, this Writ Petition is allowed as prayed for.
As a sequel to disposal of the Writ Petition, IA.No.1 of 2018 filed by the petitioner for interim relief is disposed of as infructuous.
____________________________ JUSTICE C.V.NAGARJUNA REDDY __________________________ JUSTICE T.AMARNATH GOUD 15th November, 2018 dr