THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27600 OF 2005 Date:24.02.2011 Between: Devarapally Nagarathnam and others .. Petitioners And The Government of Andhra Pradesh, Represented by its Principal Secretary (Revenue), Secretariat Buildings, Saifabad, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27600 OF 2005 ORDER: The writ petition filed by as many as 51 persons is for a direction to the respondents to pay compensation in accordance with the principles of determining the amount as per the provisions of the Land Acquisition Act, 1894 (the Act, for brevity). The case of the petitioners in a nutshell is that all of them were assigned small extents of land admeasuring about Ac.1.00 or less than Ac.1.00 in 1972, 1975, 1982 and 1992 and all of them are in possession and cultivating the same. The land totally admeasuring Acs.134.16 guntas comprised in Survey Nos.158/1/148 of Kistaram Village, Sathupally Mandal, was resumed by the Government on 27.04.2005 for the purpose of Open Cast Coal Mine by the Singareni Collieries Company Limited. An amount of Rs.93,000/- per acre was determined and paid. The petitioners, however, contend that as per the decision of this Court in Land Acquisition Officer-cum-Revenue Divisional Officer, Chevella Division, Domalaguda, Hyderabad v. Mekala Pandu[1], they are entitled for the compensation on par with the land acquired as per the Act. This Court heard the counsel for the petitioners and the Government Pleader for Revenue (Land Acquisition). In a similar matter, this Court while following the ratio in Mekala Pandu and also having regard to the fact that the Government filed Special Leave Petition in the Supreme Court and obtained status quo regarding payment, disposed of the writ petition reported as P.Mallaiah v. Government of Andhra Pradesh[2] directing the respondents to pay compensation as per the ratio in Mekala Pandu. The mandamus issued was, however, made subject to the judgment of the Supreme Court in Special Leave Petition filed by the Government. The relevant paragraphs from the said judgment read as under. Whether the Government is bound to pay compensation to the assignees under the provisions of the Act where such assigned lands are resumed by the Government for public purpose? A Full Bench of five learned Judges of this Court in State of Andhra Pradesh v Bondapalli Sanyasi[3] while overruling the earlier decision of Full Bench of three learned Judges in State of A.P. v P.Peda Chinnayya[4], held that when the land is resumed in terms of the grant, no compensation be payable towards resumption of land and that compensation, however, is payable if the lands have not been resumed by following due process of law. The Full Bench of seven learned Judges in Mekala Pandu case (1 supra) on reconsideration of the issue did not accept the view of the Full Bench of five learned Judges in Bondapalli Sanyasi case (3 supra) and held that assignees of Government lands are entitled to payment of compensation equivalent to the full market value of the land and other benefits on par with full owners of the land even in cases where the assigned lands are taken possession by the State in accordance with the terms of the grant. It was also held that the conditions incorporated in patta/deed of assignment shall not operate as a clog putting any restriction on the right of the assignee to claim full compensation as owner of the land. It is brought to the notice of this Court that State has filed Special Leave Petition before the Supreme Court against Mekala Pandu case (1 supra). This Supreme Court has passed orders staying any further payment of compensation which only means that even if assigned lands are resumed, the State need not pay any compensation as per the provisions of the Act in view of the stay orders. Though the ratio in Mekala Pandu case (1 supra) applies to this case, having regard to the orders of the stay, the petitioner can enforce his right to claim compensation only when the view of this Court in Mekala Pandu case (1 supra) is upheld. It is also brought to the notice of this Court that in accordance with the orders of Government in G.O.Ms.No.1307, the market value at the rate of Rs.7,000/- per acre was paid to the petitioner (total amount of Rs.15,698/-), which includes 15% additional ex-gratia as per the Government Order. But, as per the decision in Mekala Pandu case (1 supra), the petitioner is entitled to claim compensation as per the provisions of the Land Acquisition Act, that is to say, solatium, additional compensation and interest. A Mandamus shall issue in the above terms. However, Mandamus shall be enforceable subject to Judgment of the Supreme Court in the appeal filed against Mekala Pandu case (1 supra). The writ petition is accordingly disposed of without any order as to costs. Following the same, this writ petition is also disposed of holding that all the petitioners shall be entitled to compensation as per the provisions of the Act, that is to say, solatium, additional compensation and interest. This Mandamus shall be enforceable subject to the judgment of the Supreme Court in the appeal filed against Mekala Pandu case. There shall be no order as to costs. ________________ (V.V.S. RAO, J) 24.02.2011 KH [1] 2004 (2) ALD 451 (L.B.) [2] 2006 (2) ALT 742 = 2006 ALT (REVN) 168 [3] 2002 (1) ALT 543 = 2002 (2) ALD 1 (L.B.) [4] 1997 (1) ALT 498 = 1996 (2) ALD 1215 (F.B.)