THE HON'BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE P.DURGA PRASAD WRIT APPEAL No.571 of 2004 JUDGMENT: (Per the Hon’ble Sri Justice Goda Raghuram) This is an appeal by the respondents in W.P.No.17948 of 1999 and is directed against the order dated 23.12.1999, whereby the appellants were directed to complete land acquisition proceedings within a period of six months from the date of receipt of a copy of the order, pass an award and disburse the compensation amount according to the award. The respondents, who are the writ petitioners, sought a declaration of illegality of the action of the appellants herein in not completing land acquisition proceedings despite a notification under Section 4(1) of the Land Acquisition Act, 1894 (‘the Act’ for brevity), having been issued on 28.09.1997. Relevant facts: The lands of the writ petitioners in various survey numbers in Thummadam village were proposed for acquisition for formation of a Command Area Development (CAD) road from Thummadam to Parvathipuram. Possession of the land was taken in 1989. As no compensation was paid despite several representations, the writ petitioners persisted in the representations and eventually the State got published a draft notification under Section 4(1) of the Act; the enquiry under Section 5-A of the Act was dispensed with and a draft declaration under Section 6 of the Act was also published by notification dated 11.04.1997. Neither 80% of the compensation amount was paid as ordained under Section 17 (3-A) of the Act nor further proceedings for acquisition of the land were pursued. Aggrieved by such grossly arbitrary conduct, the writ petition was filed for appropriate relief. By the order impugned, the learned Single Judge disposed of the writ petition observing that not only were the writ petitioners’ lands taking over possession in 1989, but even a road was formed thereon which is being used and since the land acquisition proceedings had not yet been finalized, the respondents therein, who are appellants herein, were directed to proceed with the further process of land acquisition, pass an award and disburse the compensation amount. This Court by order dated 24.03.2004 granted an interim suspension of the order of the learned Single Judge while admitting this writ appeal. Twenty-two years have gone by since the writ petitioners’ were dispossessed of their lands. Admittedly, the State has not only dispossessed the writ petitioners of their lands but has also laid a road thereon, which is being used for public purposes. Except a recidivist litigative activity at public expenditure, the State offers no justification for this singularly regressive practice of dispossessing citizens of their property without payment of compensation and after following the due process of law. In the facts and circumstances, the learned Additional Advocate General graciously concedes the position that the State has no justification for delaying passing of an award for payment of compensation any longer and undertakes on behalf of the State that the Land Acquisition Officer will pass the award within a period not exceeding four weeks from today and the respectively entitled compensation amount will be paid to each of the writ petitioners and all the other land oustees whose lands were acquired for formation of the CAD road in Thummadam Village, Nidamanoor Revenue Mandal, Nalgonda District. Accordingly, recording the undertaking by the State as submitted by the learned Additional Advocate General and finding no justification for this appeal by the State, the Writ Appeal is dismissed while directing the appellants to complete expeditiously the further process for acquisition of land by passing an award and the payment of compensation, as undertaken. The entire exercise shall be completed within a period of four weeks from today. ___________________ GODA RAGHURAM, J ________________ P.DURGA PRASAD, J 13th June, 2011 Note: Issue CC in one week. (B/o) GHN