IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 5821 of 2003 Between: 1 D. Sivarami Reddy, S/o Siva Reddy, R/o Thummalur Village., Pamulapadu Mandal, Kurnool District. 2 M. Praveen Kumar Reddy, S/o M. Raghava Reddy (Original claimant died), R/o Thummalur Village, Pamulapadu Mandal, Kurnool District. 3 Midde Papanna S/o Hanumanna, R/o Thummalur Village, Pamulapadu Mandal, Kurnool District. 4 Midde Yakubu, S/o Pullanna, R/o Thummalur Village, Pamulapadu Mandal, Kurnool District. 5 C. Samelu S/o Chilaka George (original claimant died), R/o Thummalur Village, Pamulapadu Mandal., Kurnool District. 6 Chakali Chinna Savari S/o Lakshmanna, R/o Thummalur Village, Pamulapadu Mandal, Kurnool District. ... PETITIONERS AND 1 The State of A.P., Rep. by its Secretary, Irrigation & CAD Secretariat Buildings, Hyderabad. 2 The Special Deputy Collector (L.A.), Srisailam Project, Kurnool District. 3 The Chief Engineer, Irrigation, O/o. Chief Engineer, Erramanzil Colony, 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 will be pleased to issue a Writ of Mandamus or any other appropriate Writ or order or direction declaring the action of the respondents in not paying the total compensation to the petitioners as per G.O.Ms.No.234, Irrigation & CAD (Project Wing-TGP-II) Department, dt 15.10.1993 issued by the Government of Andhra Pradesh in respect of the acquisition of the petitioner's lands and houses in Award Nos.16/77, 21/80 and 26/79 of Thummalur Village, Kurnool District, as illegal, unconstitutional, void and consequently direct the respondents to pay the entire compensation amount due to the petitioners as settled and cleared in Lok Adalat in the matters relating to the acquisition of their lands and houses in the aforesaid awards as per G.O.Ms.No. 234, dt.15.10.1993 forthwith and further direct the respondents to pay the equitable compensation to the petitioners in addition to the settled compensation for the delay caused by the respondents in paying the amounts and pass such other or further orders. Counsel for the Petitioners: MR.B.D.MAHESWARA REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: ORDER: Petitioners submit that their lands and structures situated in Thummalur Village, Pamulapadu Mandal, Kurnool District have been acquired for construction of Srisailam Project under the Land Acquisition Act (for short ‘the Act’) and awards in Award Nos.16/77, 21/80 and 26/79 have been passed. There is no dispute about passing of the awards and there is no dispute that the lands acquired in respect of the sixth petitioner, which is also the subject matter, after seeking reference under Section 18 of the Act to the civil Court in O.P.No.759 of 1987, was settled under the Lok Adalat as per the orders of the Government in G.O.Ms.No.234 dated 15.10.1993. The cases of other petitioners have also been settled as per the aforesaid G.O. under the Act and they are entitled for payment of compensation as per the settlement. The grievance of the petitioners is that even after the settlement in pursuance of the orders in G.O.Ms.No.234 the compensation amount has not been paid; therefore, they seek a Writ of Mandamus to declare the action of the respondents in not paying compensation as per the G.O. as illegal and arbitrary. 2. Counter has been filed admitting that the cases of the petitioners have been settled under the Act in terms of G.O.Ms.No.234 dated 15.10.1993 and proposals for sanction of budget for Rs.4.80 crores was also submitted to the Government for all the cases cleared in III phase of Lok Adalat including that of the petitioners. The proposal for sanction of budget for all the cleared cases was already submitted to the Government and the same is awaited. 3. I am of the opinion that having settled the cases of the petitioners as per the G.O.Ms.No.234 dated 15.10.1993 there cannot be any justification on the part of the respondents in not paying the compensation amount. 4. Having regard to the facts and circumstances of the case, the respondents are directed to pay the compensation amount as per the settlement, if not already paid, within eight (8) weeks from the date of receipt of a copy of this order. The writ petition is accordingly allowed. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 5, 2008 DSK