THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION Nos.17251 of 2007 ORAL ORDER: Heard the learned counsel for the petitioners as well as the learned Government Pleader for Land Acquisition appearing for the respondents. In this writ petition, an award was passed by the Land Acquisition Oﬃcer under Section 11 of the Land Acquisition Act, 1894 (for short ‘the Act’) on 18.08.1995 ﬁxing the compensation for the lands belonging to the petitioners. On a reference made by the petitioners under Section 18 of the Act, though the compensation was enhanced to 100%, it is not in dispute that on a further appeal by the Government, the compensation was reduced to 80%. Be that as it may, in these writ petitions, the petitioners are aggrieved by the action of the respondents in not paying compensation in terms of the Judgment and decree of this Court in A.S.No.2903 of 2003 dated 23.03.2006. The non-payment of the compensation is admittedly on the basis of a letter addressed by the advocate of the petitioners stating that the petitioners have waived their right to seek compensation in terms of the Judgment in A.S.No.2903 of 2003 dated 23.03.2006. Aggrieved by the said action, the present writ petition is filed. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioners that having considered the eﬀect of the similar letter addressed by the counsel for the claimants covered by the same notiﬁcation, W.P.No.14864 of 2007 was disposed of by this Court by order dated 20-09-2007 holding as under: “The only stand of the respondents is that the claim for interest was given up as per the letter ﬁled by the petitioners and therefore, they cannot make a claim for the same. But, a perusal of the letter no doubt does not make any reference either to additional market value or solatium, which was already deposited by the Land Acquisition Oﬃcer, to which the petitioners are entitled to in respect of the properties they have lost. When once the additional market value and solatium has already been deposited by the Land Acquisition Oﬃcer, equally, the petitioners are entitled to interest on additional market value as well as solatium, as per the judgments of the Supreme Court. In the circumstances, the respondents are directed to deposit the interest payable on the additional market value as well as solatium within a period of two months, failing which, the petitioners are entitled to ﬁle EPs seeking execution of that part of the decree passed by this Court in the appeals. With reference to the amounts already deposited, the Court below is directed to disburse the same without insisting for filing any full satisfaction memos.” The fact that the petitioners herein are also similarly situated and the additional market value as well as solatium to which the petitioners are entitled to has already been deposited by the Land Acquisition Oﬃcer has not been disputed by the learned Government Pleader for Land Acquisition. In the circumstances, following the order in W.P.No.14864 of 2007, these writ petitions are disposed of with a direction to the respondents to deposit the interest payable on the additional market value as well as the solatium within a period of two months from the date of receipt of a copy of this order. No costs. ______________ G. ROHINI, J. Date:08-08-2008 Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.17251 of 2007 Between: 1 Kasala Subbalakshumma, W/o.Narasaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 2 Yerukunthota Lakshumma, Died her Lr Daughter K.Subbalakshumma, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 3 Poolathota Lakshumaiah, S/o.Kondaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 4 Poolathota Lakshumma, W/o.Penchalaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 5 Voguru Venkatamma, W/o.Obaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 6 Polathota Subbaiah, S/o. Penchalaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 7 Polathota Penchalaiah, S/o. Penchalaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 8 Pasapala Narasamma, W/o.Subbaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 9 Nagam Subba Reddy, S/o.Pitchaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 10 Kokatam Narasaiah, S/o. Narasimhulu, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 11 Kokatam Penchalaiah, S/o. Narasimhulu, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 12 Paturu Lakshumma, W/o. Venkataiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 13 Pothireddy Nagasubba Reddy, S/o. Gangi Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 14 Pothireddy Gangi Reddy S/o. Gangi Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 15 Bommireddi Seshamma, Died her LR Daughter M.P.Narasamma, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 16 Paturu Lakshumma, W/o.Venkataiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 17 Rendla Gopi Reddy, S/o. Subbaiah, Died her LR R.Subba Reddy,(50) R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 18 Mummadi Yellamma, W/o.Seshaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 19 Nagam Rama Chandra Reddy, S/o. Chinna Yela Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 20 Pothireddy Naga Subba Reddy, S/o. Chinna Yela Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 21 Kalluru Lakshumma, S/o.Narasimhulu, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 22 Narasapuram Subbaiah, S/o. Subbaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 23 Narasapuram Narasimhulu, S/o. Subbaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 24 Irukuthota Sankaramma, W/o.Balaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 25 Nagam Rama Subba Reddy, S/o.Chinna Subba Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 26 Nagam Atchi Reddy, S/o.Pitchi Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 27 Paturu Govinda Reddy, S/o. Veera Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 28 Nagam Rami Reddy, S/o.Abbi Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 29 Bayanaboina Lakshumaiah, S/o.Nandaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 30 Upaturu Subbaiah, S/o. Subbaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 31 Punagani Papaiah, S/o. Venkataswamy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 32 Vadaganuru Subbaiah, S/o. Seshaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 33 Punagani Narasamma, Died her LR Son Papaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 34 Punagani Venkata Lakshumma, W/o. Ramaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 35 Nagam Yella Reddy, S/o.Pedda Yella Reddy, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 36 Kokatam Narasaiah, S/o. Narasimhulu, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 37 Kasala Polaiah, S/o. Pitchaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 38 Poolathota Lakshumaiah, S/o. Kondaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 39 Punagani Papaiah, S/o. Papaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 40 Bayanaboina Chinnaiah, S/o.Nandaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. 41 Bayanaboina Gangamma, W/o. Yellaiah, R/o.Kumarunipalli, H/o.Chenduvoy, Atioor(M), Cuddapah Dist. ....PETITIONERS AND 1 The Special Deptuy Collector (L.A), Telugu Ganga Project, Unit-II,Kadapa, Kadapa Dist. 2 The Special Collector, Galeru Nagari Sujaja Sravanthi, (GNSS), Sankarapuram,Kadapa,Kadapa Dist. 3 The Dist Collector, Chairman and Empowered Committee, Kadapa, Kadapa Dist. 4 The Govt.Of A.P, represented by its Secretary, I& CAD Department, Secretariat, 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 any appropriate writ, order or direction or direction particularly one in the nature of writ of Mandamus, declaring the action of the respondents in not paying the compensation in accordance with the Judgment and decree of this Hon'ble Court in A.S.No.2903 of 2003 dt.23-3-2006 against L.A.O.P.No.1075 of 2001 dt.24-4-2002 on the ﬁle of the Court of the principal Dist Judge at Kadapa, as per the Land Acquisition Act, as being illegal, arbitrary, contrary to law and violative of Articles and 300-A of the Constitution of India and consequently direct the respondents to forthwith pay the compensation in accordance with the judgment and decree of this Hon'ble High Court, in A.S.No.678 of 2004, dt.23-3-2006 against L.A.O.P.No.1074 of 2001 dt.24-4-2002 on the ﬁle of the Court of the Dist Judge at Kadapa, as per the Land Acquisition Act, and pass such other order or orders. Counsel for the Petitioner: Mr. Y.VENKATASATYAM Counsel for the Respondents: GP FOR LAND ACQUISITION The Court made the following: