IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRTY FIRST DAY OF JANUARY, TWO THOUSAND EIGHT ONLY WRIT PETITION No.26200 of 2007 Between: Tirnati Venkata Rao. … Petitioner AND State of Andhra Pradesh, reptd., by its Principal Secretary to the Revenue (Land Acquisition) Department, Secretariat, Saifabad, Hyderabad and three others. … Respondents Counsel for the petitioners: Sri Nimmagadda Satyanarayana. Counsel for the respondents: Asst. Government Pleader for Land Acquisition. THE HON’BLE MR.JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26200 of 2007 ORDER:- This Writ Petition is filed for a Writ of Mandamus to direct the respondents to pay the enhanced compensation to the petitioner under judgment and decree dated 27-8-1996 in O.P.No.71 of 1987 on the file of the Senior Civil Judge, Kovvur, West Godavari District. Heard Sri N.Satyanarayana, learned counsel for the petitioner, and the learned Assistant Government Pleader for Land Acquisition. An extent of Ac.1.86 cents of land, comprised in Survey No.524/2A1, belonging to the petitioner, was acquired for public purpose. Award was passed on 2-1-1985 under which compensation was awarded to the petitioner. Dissatisfied with the quantum of compensation, the petitioner got the dispute referred to civil Court under Section 18 of the Land Acquisition Act, 1894 (for short “the Act”). The learned Senior Civil Judge, Kovvur, by his judgment and decree dated 27-8-1996 enhanced the compensation to Rs.44,119/- per acre. It is admitted by the Revenue Divisional Officer (Land Acquisition Officer), Jangareddygudem, in her counter-affidavit that the said judgment of the civil Court attained finality and since then the respondents failed to deposit the enhanced compensation. The Execution Petitions filed by the petitioner having proved inefficacious, he filed the present Writ Petition. Having heard the learned counsel for the parties and perused the material on record, I do not see any justification, whatsoever, in the respondents not discharging their constitutional and statutory obligation of paying the enhanced compensation to the petitioner. The respondents, acting under the Constitution and governed by Rule of Law, are bound to comply with the constitutional provisions contained in Articles 31A and 300A, which mandate that no person shall be deprived of his property without following due process of law and payment of compensation. Under the provisions of the Act, it is the bounden duty of the respondents to pay compensation as per market value for the lands acquired by them. With the judgment and decree of the civil Court, the proper market value was got fixed and the failure of the respondents to pay the enhanced compensation amount amounts to failure to carryout their constitutional and statutory obligations. For the aforementioned reasons, the Writ Petition is allowed. Respondents are directed to deposit the compensation amount, due to the petitioner, to the credit of E.P.No.128 of 2007 in O.P.No.71 of 1987 on the file of the learned Senior Civil Judge, Kovvur, West Godavari District, within a period of one month from the date of receipt of a copy of this order. ----------------------------- ------- C.V.NAGARJUNA REDDY,J 31-1-2008 MNR