THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.498 of 2011 ORDER: An extent of Ac.12.17 guntas of land in Sy.No.392 to 398 of Kondapur Village, P.A Palli Mandal, Nalgonda Distgrict, owned by the 1st petitioner; and Ac.6.35 guntas of land in Sy.No.390, owned by the 2nd petitioner, together with the trees thereon, was acquired by the respondents, in the year 1993, under Section 4 (1) of the Land Acquisition Act (for short ‘the L.A. Act’), for construction of a filtration tank. The Land Acquisition Officer, the 3rd respondent herein, passed an award on 01-06-1994, fixing the market value at Rs.9,000/- per acre. On a reference made at the instance of the petitioners, the Court of Senior Civil Judge, Nalgonda, enhanced the compensation to Rs.12,000/- per acre, through judgment and decree dated 08-08-2000, in O.P.Nos.61 and 62 of 1995. However, the compensation was denied for the trees. The 3rd respondent, on the one hand, and the petitioners, on the other hand, filed appeals before this Court. Through a common judgment dated 10-11-2004, this Court further enhanced the compensation to Rs.28,000/- per acre. The matter was remanded to the trial Court for determination of the compensation for orchards , trees, bore-wells, etc. The trial Court is said to have awarded a sum of Rs.1,000/- for each fruit bearing tree, together with statutory benefits, and it is said to have become final. The petitioners state that though they filed E.P.No.63 of 2010, in the Court of Senior Civil Judge, Miryalaguda, for recovery of the balance of compensation, the 3rd respondent has not deposited the same, so far. According to them, hardly there are any properties, for the Court, to attach, and the respondents are taking advantage of the same. Heard the learned counsel for the petitioners and learned Government Pleader for Land Acquisition. The respondents initiated proceedings under the L.A Act for acquisition of the lands of the petitioners. The matter assumed finality, with the decree dated 26-10-2009, passed by the trial Court, fixing the compensation for trees. It appears that the E.P. filed by the petitioners was transferred to the Court of Senior Civil Judge, Miryalaguda, on account of change of jurisdiction. Having acquired the land of the petitioners, the respondents cannot delay the payment of compensation. This Court took the view, in several matters, that the State cannot abdicate its obligation to pay the compensation. Hence, the writ petition is disposed of, directing that the respondents shall arrange for deposit of the compensation, as per the decree in O.P.No.62 of 1995 on the file of the Senior Civil Judge, Nalgonda District, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.25-02-2011. KO