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 Nos.9155 and 9182 of 2008 WRIT PETITION No.9155 of 2008 Between: 1 Mothe Bagaiah, S/o. Parvaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 2 Vagumari Balaiah, S/o. Rajeshwar Rao, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 3 Vagumari Balaiah, S/o. Babaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 4 Vagumari Ramulu, S/o. Rajeshwar, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 5 Mali Venkat Rao, S/o.Kishan Rao, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 6 Bhoom Rao, S/o.Kishatiah,, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 7 Sangemeshwar Rao, S/o. Balaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 8 Gudise Muthaiah, S/o. Bhommaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 9 Gudise Ramaiah, S/o. Bhumaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 10 Gudise Saidaiah, S/o. Bhoomaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 11 Gudise Narsavva, W/o. Lasmaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 12 Gudise Venkataiah, S/o. Ramaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 13 Gudise Nadpi Rajaiah, S/o. Ramaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 14 Gudise Mallaiah, S/o. Ramaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 15 Gudise Sailoo, S/o. Abbaiah, R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 16 Gudise Lingaiah, S/o. Parvaiah R/o. Utnoor Village of Gandhari Mandal, Nizamabad District. 17 Chakali Sailoo, S/o. Abbaiah, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 18 Chakali Chinnanna @ Sailoo, S/o. Laxmaiah, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 19 Chakali Vittal, S/o. Nagaiah, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 20 Vagumari Kistaiah, S/o. Madhava Rao, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 21 C. Shyamrao, S/o. Govind Rao, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 22 Yenkapally Narayana, S/o. Rajaram, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 23 Yenkapally Chinna Narayana, S/o. Rajaram, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 24 Lonkapally Rajeshwar Rao, S/o. Rajaram, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 25 Yenkapally chander, S/o. Rajaram, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 26 Mukundagari Bhumaiah, S/o. Dev Rao, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 27 Kummari Gangavva, W/o. Devaiah, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. 28 Kummari Narayana, S/o. Kashaiah, R/o. Bhoompally Village of Gandhari Mandal, Nizamabad District. .... PETITIONERS AND 1 The Secretary, Irrigation & Power (Irr.IV) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Principal Secretary, Finance and Projects (Works), Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Land Acquisition Officer, R.D.O., Kamareddy, Nizamabad 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 may be pleased to issue any appropriate Writ, Order or direction more particularly one in the nature of "Writ of Mandamus" directing the respondents herein to deposit the decretal amount in Cross Objections (SR) No. 49700/2004 in A.S.No. 1365/2001 dated 28-12-2006 the credit of E.P.No. 11/2008 on the file of the Additional District Judge, Nizmabad forthwith. WRIT PETITION No.9182 of 2008 Between: 1 Chandru S/o hemal 2 Lachne S/o Kimya 3 Hemla S/o Kimya 4 Theriya S/o Kimya 5 Hari Chand S/o Kimya 6 Kistya S/o Kimya 7 Chandraya S/o Tukya 8 Gouri W/o Kevla, 9 Denya S/o Heriji 10 Thulasiram S/o Thourya 11 Deva S/o thourya 12 Hirman S/o Thourya 13 Lalya S/o Thourya 14 Harisingh S/o Kimya 15 Jelya S/o Jodya 16 Bhikya S/o Chakkala 17 Thourya S/o pedda Monya 18 Gangya S/o Manya 19 Shivaram S/o Sanaya 20 Keshunya S/o Sanaya 21 Thourya S/o. Sanaya 22 Amrya S/o. Sanaya 23 Narayana s/o. Dhansingh 24 Gangaram s/o. Dhansingh 25 Kapurya S/o. Dhansingh 26 Ram Singh S/o. Jagya 27 Lacharam s/o. Babya 28 Savairam S/o. Roopla 29 Charan Singh s/o. Roopla 30 Lathiya S/o. Bhikya 31 Yerra Bhikya S/o. Jogya 32 Faakriya S/o. Bhikya 33 Man Singh S/o. 34 Nama S/o. Sevya 35 Devli W/o. Kalya All Occ : Agriculture & R/o. Gujjal Village, Gandhari Mandal, Nizamabad Dist. ..... PETITIONERS AND 1 The Secretary, Irrigation & Power (Irr.IV) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Principal Secretary, Finance & Projects (Works), Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The land Acquisition Officer/R.D.O., Kamareddy, Nizamabad 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 may be pleased to issue any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus" directing the respondents herein to deposit the decretal amount in Cross objections (SR) No. 49699/2004 in A.S. No. 1159/2001 dated 3-1-2007 to the credit of E.P. No. 12/2008 on the file of the Additional District Judge, Nizamabad forthwith in the interest of justice and equity 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.V.TULASI REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.9155 and 9182 of 2008 COMON ORDER: As the issue raised in both these writ petitions is same, these writ petitions are disposed of by this common order. According to the petitioners, their lands were acquired under the provisions of the Land Acquisition Act, 1894 (for short, “the Act”) and the Land Acquisition Officer also fixed the compensation. On reference sought for by the petitioners under Section 18 of the Act, the matters were referred to a Civil Court and the learned Additional District Judge, Nizamabad enhanced the compensation fixed by the Land Acquisition Officer. Questioning the said enhancement, 3rd respondent preferred appeals before this court, wherein, petitioners filed cross-objections seeking further enhancement of the compensation. This Court dismissed the said appeals, however, allowed the cross- objections in part, further enhancing the compensation, and the judgments of this Court have become final. Though the lands of the petitioners were acquired as early as in the years 1991 and 1990, respectively, and all the findings of the Courts are in favour of petitioners, respondents have not paid the amount of compensation as fixed by the Civil Court. In those circumstances, petitioners filed E.P.Nos.11 and 12 of 2008, respectively, and the same are pending before the Additional District Judge, Nizamabad for the last more than a year. Hence they filed these present writ petitions seeking mandamus directing respondents to deposit the decretal amount in E.P.Nos.11 and 12 of 2008 in O.P.Nos.280 of 1992 and 470 of 1991, respectively, on the file of the Court of the Additional District Judge, Nizamabad. 2. A larger Bench of this Court in BHAMIDIPATI ANNAPOORNA BHAVANI v. LAND ACQUISITION OFFICER, YELERU RESERVOIR PROJECT, PEDDAPURAM, EAST GODAVARI DIST. AND OTHERS [1] held in the following manner, “…In cases arising out of the Act where the amount of compensation, finally determined has not been paid, a person must first resort to the alternate efficacious remedy of taking out execution and when despite taking out execution proceeding, if there is any delay caused on the part of authorities, resort can be had to filing of a writ petition in this Court and, this Court, while exercising its discretionary jurisdiction, in appropriate cases, may issue directions for immediate deposit of the amount of compensation by the State Government or the authorities on whose behalf the land has been acquired.” 3. The said ratio squarely applies to the case on hand. The amount of compensation is finally determined, the petitioners have availed the efficacious alternate remedy by filing E.P. Nos.11 and 12 of 2008 and the amount of compensation is not paid so far. Hence this Court, in its exercise of its discretionary power, directs the respondents to pay the amount of compensation along with solatium, interest and additional market value as fixed by the Additional District Judge, Nizamabad, within a period of eight weeks from the date of receipt of a copy of this order. 4. The writ petitions are accordingly disposed of at the stage of admission. There shall be no order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.24-04-2008 sh Copy to: 1 The Secretary, Irrigation & Power (Irr.IV) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Principal Secretary, Finance and Projects (Works), Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Land Acquisition Officer, R.D.O., Kamareddy, Nizamabad District. 4. 2CCs to 5. 2CD copies [1] 2005 (2) ALT 786 (LB)