IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 308 of 2002 Between: Smt. Yerramilli Seethadevi W/o. Jagapathi H.No. 11-93, Adityanagar, Hukumpeta, Rajahmundry-3 (A.P.) ..... PETITIONER AND 1 District Collector, East Godavari District, Rajahmundry (A.P.) 2 The Land Acquisition Officer, and Sub-Collector, Rajahmundry (A.P.). .....RESPONDENT(S) 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 to issue any appropriate writ, order or direction, especially one in the nature of Mandamus, directing the Respondents to immediately pay to the petitioner the outstanding balance of the Compensation amount as per the provisions of the Land Acquisition Act, 1894 due to her as per the Land Acquisition Proceedings in respect of her land of 5 ac 15 cts, R.S.No. 356 Rajahmundry (Rural) cum minating in Award No. 25/1982 dt. 13.7.1982 of the 2nd Respondent and the order vide O.P.No. 2 of 1984 dt. 21.4.1984, Sub-Court, Rajahmundry, and pass Counsel for the Petitioner:MR.V.PARABRAHMA SASTRI Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 308 of 2002 Order: Questioning the action of the respondents in not paying the compensation for the land acquired from her in the year 1982, the petitioner filed the present writ petition in the year 2002, seeking directions to the respondents to pay her the compensation. The petitioner states that she has got half share in the land admeasuring Ac.10.30 cents, situated in Survey No. 356 of Rajahmundry (Rural), East Godavari District, and her cousins, namely S.S.K.V. Subrahmanyam and S.M. Prasad have got balance half share in the said land. She states that by a District Gazette Notification dated 30.10.1981, the 1st respondent, namely the District Collector, East Godavari District, Rajahmundry, had acquired the said land for the purpose of allotting house sites to weaker sections. Having acquired the same, the 2nd respondent, namely the Land Acquisition Officer, vide Award No. 25 of 1982, dated 13.07.1982, awarded compensation. Dis-satisfied with the compensation awarded by the 2nd respondent, the petitioner filed an application seeking to refer the matter to the competent Civil Court under Section 18 of the Land Acquisition Act, for fixation of proper compensation. Accordingly the matter was referred to the Sub-Court, Rajahmundry, which by orders passed in O.P. No. 2 of 1984, awarded compensation of Rs.74,967/- to the share of the petitioner herein, which was ordered to be paid in five equal instalments. According to the petitioner, the respondents paid two instalments in the year 1985 and two more instalments in the year 1995, but they failed to pay the last instalment amount so far. Hence, she filed the present writ petition. This Court, on 04.01.2002, ordered notice before admission. Subsequently the writ petition was admitted on 24.06.2002. As the respondents despite granting sufficient time, failed to file any counter affidavit, this Court, on 20.02.2008, directed the personal appearance of respondent Nos.1 and 2 before this Court on 05.03.2008. On 05.03.2008, the respondents filed their counter affidavit along with petition in W.P.M.P. No. 6150 of 2008 seeking to dispense with the personal appearance of respondent No.1-District Collector. Subsequently when the matter came up on 18.03.2008, this Court directed the respondents to file calculation memo indicating the compensation amount that is still liable to be paid to the petitioner, and the matter was directed to be listed today. Today, the respondents filed calculation memo before this Court. A perusal of the said calculation memo clearly indicates that under the Award No. 25/82, the total amount of compensation, was ordered to be paid in five instalments. Out of the said five instalments, the respondents paid the 1st and 2nd instalment amounts to the petitioner through the Subordinate Judge Court, Rajahmundry. In respect of the 4th and 5th instalments, the respondents issued cheque dated 02.02.1995. In respect of the 3rd instalment, though the respondents deposited cheque No. 0856018 dated 08.06.1985 for Rs. 38,515.05 ps., in the Subordinate Judge Court, Rajahmundry on 18.06.1985, the fact remains, the receipt of the cheque was not traced in the said Court. Thus, it is clear that the cheque in relation to the 3rd instalment was not encashed, and the respondents having admitted that the said amount was not paid to the petitioner, agreed to pay the said amount now. The learned counsel for the petitioner having perused the calculation memo, expressed no objection to the calculations made, except stating that in respect of 4th and 5th instalments, the respondents have calculated interest @ 6% p.a., and that as per the statute, he is entitled to interest @ 15% p.a., and he wants to claim the said rate of interest, before appropriate forum. It is unfortunate to note that even though the respondents submitted that the receipt of cheque, which was deposited into the Subordinate Judge Court, Rajahmundry on 18.06.1985, was not traced, they have not bothered to pursue the matter till today, and it is only when this Court directed the learned Government Pleader for Land Acquisition to file calculation memo, he filed the present calculation memo before this Court admitting that the respondents have to pay an amount of Rs.71,785/- to the petitioner towards her share. The way in which the respondents have acted, particularly though the land was acquired in the year 1982, they have not paid the entire compensation amount to the petitioner till date, and not responding to the notice of the Court and not filing counter affidavit in time, clearly indicates their negligence and recklessness attitude, which has to be compensated by imposing heavy costs. Since the 3rd instalment amount of Rs. 71,785/- was not paid to the petitioner, the respondents, as agreed, shall pay the same along with costs of Rs.10,000/- to the petitioner, within a period of one week. It is always open to the petitioner to avail the remedies available to her under law with respect to her claim of higher rate of interest on the 4th and 5th instalments. Accordingly, the writ petition is disposed of. ___________________ N.V. RAMANA, J. Date: 19.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MADHURI}