IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9835 of 2007 Between: 1 Lanka Eswarareddy, s/o Somi Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 2 Lanka Shankar Reddy, s/o Somi Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 3 Pallakonda Somakka LR and Wife Venkata Subbaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 4 Sadda Chalamareddy, s/o Venkata Subbaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 5 Lanka Ramasiva Reddy, s/o Pedda Eswar Reddy, LR son Kondamma, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 6 Polu Papi Reddy, s/o Rachamreddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 7 Mitukuru Linga Reddy, s/o Subbaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 8 Lanka Sivalinga Reddy, s/o Yanadi Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 9 Allampati Penchala Reddy LR son of Pedda Narasimha Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 10 Allampati Tholasamma LR and wife of Rami Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 11 Allampati Penchalreddy LR and son of Chinna Narasimhareddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 12 Allampati Penchalreddy LR and son of Gangi Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 13 Polu Lakshamamma LR and wife of Veera Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 14 Polu Chinna Veerareddy, s/o Racham Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 15 Polu Pedda Papi Reddy, s/o veera Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 16 Kalavai Narasimha Reddy, s/o Venkat Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 17 Puchakatla Ramaiah, s/o Polaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 18 Challa Subba Reddy, s/o Yanadi Reddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 19 Narisala Papaiah, s/o Garadaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 20 Putchakayala Subbamma, w/o Yellaiah daughter and LR of Nerisala Subbaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 21 Batreddy Venkata Subbamma, w/o Narsimhulu, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 22 Amarapattabhi Ramaiah, s/o Chanchaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 23 Mucharla Subba Rao, s/o Venkata Subbaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 24 Lanka Chinnakka, w/o Mallareddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 25 Anugolu Jayamma, w/o Ankaiah, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. 26 Lanka Linga Reddy, s/o Polireddy, r/o Khammampadu Village, Ananthasagaram mandal, Nellore District. .... PETITIONERS AND 1 The Government of Andhra Pradesh, represented by its Chief Secretary, Secretariat, Hyderabad. 2 The Principle Secretary, Irrigation and Command Area Development, Secretariat, Hyderabad. 3 The Special Collector, Galeru Nagari Sujala Sravanthi (GNSS), Sankarapuram, Kadapa Town & District. 4 The Special Deputy Collector (LA) Unit IV, Somasila Project, Rajampet Town & Mandal, Kadapa District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus under Article 226 of the Constitution of India declaring the inaction of the respondents in paying the compensation to the petitioners for their acquired lands as fixed in LA OP No.85/1984 on the file of the Subordinate Judge, (Senior Civil Judge) Rajampet dated 26-02-1986 though almost 13 years has passed after the dismissal of AS No.348/89 is illegal, arbitrary, unjust and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the respondents to pay the compensation to the petitioners as awarded in LA OP No.85/1984 on the file of the Subordinate Judge (Senior Civil Judge) Rajempet dated 28-2-1986 as confirmed in AS No.348/1989 on the file of the Hon'ble Court dated 8-4- 1994 forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.P.SRIDHAR REDDY Counsel for the Respondent No.1: GP FOR GAD Counsel for Respondent No.2: GP FOR IRRIGATION & COMM AREA DEV. Counsel for Respondent No.3: GP FOR LAND ACQUISITION. The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9835 of 2007 ORDER: The petitioners approached this Court and filed the present writ petition with the following prayer: “to issue writ, order or direction more particularly one in the nature of writ of mandamus under Article 226 of the Constitution of India declaring the inaction of the respondents in paying the compensation to the petitioners for their acquired lands as fixed in LA OP No.85/1984 on the file of the Subordinate Judge, (Senior Civil Judge) Rajampet dated 26-02-1986 though almost 13 years has passed after the dismissal of AS No.348/89 is illegal, arbitrary, unjust and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the respondents to pay the compensation to the petitioners as awarded in LA OP No.85/1984 on the file of the Subordinate Judge (Senior Civil Judge) Rajempet dated 28-2-1986 as confirmed in AS No.348/1989 on the file of the Hon'ble Court dated 8-4-1994 forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2 . The petitioners are either absolute owners or predecessors of absolute owners of agricultural lands situate in Pattapurai Village, erstwhile Siddout Taluk, Kadapa District. Their lands were identified to be inundated in the water spread area of the Somasila Project and the Government issued notification under Section 4 (1) of the Land Acquisition Act (for short ‘the Act’) acquiring the lands of the petitioners or their predecessors. The 4th respondent passed an award awarding meager amounts, against which the petitioners sought reference to a civil Court under Section 18 of the Act. On such reference, the learned Subordinate Judge, Rajempet by his order, dated 26.02.1986, enhanced the market value. Aggrieved by the said enhancement of the market value, the State preferred appeal before this Court in A.S.No.348 of 1989 and the said appeal was dismissed by judgment, dated 08.04.1994. It is the contention of the petitioners that till date, the remaining portion of the enhanced compensation is not paid to the petitioners though the possession of the land was taken on 11.07.1980. Having heard the learned Counsel for the petitioners, this Court feels sorry for the attitude or apathy shown by the Government to these petitioners. Apparently, land acquisition proceedings were initiated as early as in the year 1978, the award was passed in the year 1980 and the civil Court enhanced the compensation under Section 18 of the Act in the year 1986 and the appeal preferred by the Government against the said enhancement was dismissed in the year 1994. When the Government takes possession of the lands and when the award is passed, they are duty bound to deposit the entire amount of compensation. But in the instant case, though the said award was passed on 26.02.1986, the petitioners have not enjoyed the fruits for the last more than 20 years. All this clearly indicates the callousness or negligent attitude of the Government. Hence, the respondents are hereby directed to release the amounts at the earliest, preferably within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is allowed. There shall be no order as to costs. ________________________________ GOPALA KRISHNA TAMADA, J. Date: 24.03.2008. GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}