IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9085 of 2008 Between: 1 Ahmed Bee W/o.Maqbool R/o Makhta Kyasaram village Munpally Mandal Medak District. 2 Quamar Ahmed S/o.Qurshed Ahmed R/o Makhta Kyasaram village Munpally Mandal Medak District. 3 Mohd.Moizuddin S/o.Fayyazuddin Resident of Makhta Kyasaram village Munpally Mandal Medak District. 4 Mohd.Maznoor Ahmed S/o.Fayyazuddin R/o Makhta Kyasaram village Munpally Mandal Medak District. ..... PETITIONERS AND 1 The Government of AP., through Land Acquisition Officer, (Spl.Deputy Collector), Singoor Project Sangareddy, Medak District 2 The Commissioner of Land Revenue Nampally Station Road, Hyderabad. 3 The Secretary, Irrigation Department, (Command Area Development) Secretariat Buildings, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or writs or directions declaring the action of the respondents in not depositing the amount of compensation pursuant to the decree dated 5.3.1998 passed in OP.No.577 of 1995 on the file of the District Judge, Medak at Sangareddy as illegal, arbitrary, and unreasonable and consequently direct the respondents to deposit the entire compensation amount pursuant to the decree passed in OP/No.577 of 1995 on the file of the District Judge, Medak at sangareddy. Counsel for the Petitioners: MR.K.RAJI REDDY Counsel for the Respondent Nos.1 and 2: GP FOR LAND ACQUISITION Counsel for the Respondent No.3 : GP FOR IRRIGATION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9085 of 2008 ORDER: The lands belonging to the petitioners were acquired by the Government under the provisions of the Land Acquisition Act, 1894 (for short “the Act”), and after following the procedure contemplated under the Act, the Land Acquisition Officer fixed the compensation. As the said compensation was inadequate, petitioners sought for a reference under Section 18 of the Act and accordingly, the same was referred to the Civil Court and numbered as O.P.No.577 of 1995 on the file of the District Judge, Medak at Sangareddy. The learned District Judge, by judgment and decree dated 05.03.1998, enhanced the compensation. As no amount was paid to the petitioners pursuant to the decree, petitioners filed E.P.No.59 of 1999, but of no avail. Hence, this writ petition, seeking appropriate directions in this regard. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Land Acquisition and the learned Assistant Government Pleader for Irrigation. When the civil court passed a decree enhancing the compensation, the respondent-authorities are duty bound to implement the said decree, but they did not do so. Therefore, petitioners filed E.P.No.59 of 1999 seeking execution of the decree, but no orders have yet been passed. Though the said E.P., was filed in the year 1999 and nine years have elapsed, petitioners are made to run from piller to post. All these clearly show the negligence of the respondents. Had they paid the said amount either immediately after the decree or pursuant to the filing of the execution petition and the same was invested either in that year or in the next year, the amount would have been enhanced by ten times. Even otherwise, if the said amount was kept in fixed deposit, it would have been doubled or tripled. Hence, this Court is of the view that the action of the respondents is unjustifiable. Accordingly, the writ petition is disposed of, at the stage of admission, directing the respondents to pay the entire compensation as provided for under the provisions of the Act i.e, solatium, interest, etc., within a period of seven days from the date of receipt of a copy of this order. There shall be no order as to costs. __________ 24.04.2008 Note: Furnish C.C. in three days. (B/o) Sh To 1 The Land Acquisition Officer, (Spl.Deputy Collector), Government of AP., Singoor Project Sangareddy, Medak District 2 The Commissioner of Land Revenue Nampally Station Road, Hyderabad. 3 The Secretary, Irrigation Department, (Command Area Development) Secretariat Buildings, Hyderabad. 4 Two C.Cs to 5 Two C.D copies.