IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.14677 of 2008 Between: 1 V.Jagga Rao, S/o. late Narsaiah, R/o. Alipuram village, Mattampalli Mandal, Nalgonda District. 2 V.bixamamba, W/o. late Narsaiah, R/o. Alipuram village, Mattampalli Mandal, Nalgonda District. ...PETITIONERS AND 1 The Government of Andhra Pradesh, rep by its Secretary, Department of Social Welfare, Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector, Nalgonda District at Nalgonda, 3 The Land Acquisition Officer, & Mandal revenue officer, Mattampalli Mandal, Nalgonda 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 will be pleased to issue a writ or order or direction specially one in the nature of writ of mandamus directing the respondents to deposit the determined compensation amounts to the credit of E.P.NO.28/2007 in O.P.No.125/2000 on the ﬁle of Senior Civil Judge, Miryalaguda, Nalgonda District so as to enable the petitioners to withdraw the same in respect of lands acquired by the respondents by declaring the action of the respondents in not taking steps for payment of determined compensation amounts payable to the petitioners as violative of Art.14,21 and 300-A of Constitution of India. Counsel for the Petitioners: MR.L.PRABHAKAR REDDY Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.14677 of 2008 ORDER: An extent of Ac.1.10 gts in Survey No.5 of Alipuram Village, Mattampalli Mandal of Nalgonda District, owned by the petitioners, was acquired by the Government for the purpose of providing house sites to the poor vide notiﬁcation dated 10.03.1993 under Section 4 (1) of the Land Acquisition Act, 1894. Award was passed on 30.03.1993 ﬁxing the market value of the land at Rs.10,000/- (Rupees ten thousand only) per acre. Not being satisﬁed with that, a reference was made. On the reference being made, the Court of the Senior Civil Judge, Miryalaguda, took up the matter as O.P.No.125 of 2000 and enhanced the market value to Rs.30/- (Rupees thirty only) per square yard. The State ﬁled A.S.No.310 of 2002 before this Court. The appeal was allowed in part on 23.10.2006 by reducing compensation from Rs.30/- (Rupees thirty only) to Rs.25/- (Rupees twenty ﬁve only). The petitioners ﬁled E.P.No.28 of 2007 for recovery of balance of compensation. The grievance is that the respondents have not yet deposited the amount. Heard the learned counsel for the petitioners and the learned Government Pleader for Land Acquisition. The controversy as regards the quantum of compensation in respect of the land of the petitioners reached ﬁnality on 23.10.2006, when this Court partly allowed the appeal. Whatever may have been the justiﬁcation for not paying the amount till the appeal is disposed of, the respondents cannot withhold the same when once the decree passed by this Court become final. It is represented by the learned Government Pleader for Land Acquisition that on 31.07.2008, a letter was addressed to the Principal Secretary for realization of the balance of the decretal amount. Though it would take quite some time for various agencies in the Government to take necessary steps, the petitioners cannot be made to wait indeﬁnitely. Further, the delay in payment would also result in accrual of interest, which in turn would cause burden to the exchequer. The Writ Petition is disposed of directing the respondents to deposit the balance of amount in E.P.No.28 of 2007 within three {3} months from the date of receipt of a copy of this order. _____________________ (L.NARASIMHA REDDY, J) 6th November 2008 RRB