IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8343 of 2008 Between: 1 Digamber Rao, S/o. Bheemanna, R/o. Doangaon Villaged, Jukkal Mandal, Nizamabad District. 2 Ramchandar, S/o. Vittal Rao, R/o. Doangaon Villaged, Jukkal Mandal, Nizamabad District. 3 Jeeja Bai, W/o. Ramchander, R/o. Doangaon Villaged, Jukkal Mandal, Nizamabad District. 4 Venkat Rao, S/o. Vital Rao, R/o. Doangaon Villaged, Jukkal Mandal, Nizamabad District. 5 Vittal Rao, S/o. Hanmanth Rao, R/o. Doangaon Villaged, Jukkal Mandal, Nizamabad District. 6 Harikishan, S/o. Hanmanth Rao, R/o. Doangaon Villaged, Jukkal Mandal, Nizamabad District. ..... PETITIONER(S) AND 1 The Secretary, Irrigation & Power (Irr.IV) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Principal Secretary,Finance & Projects(Works), Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The District Collector, Nizamabad. 4 The Land Acquisition Officer/R.D.O., Bodhan, Nizamabad District. .....RESPONDENT(S) 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 direcion more particularly one in the nature of "Writ of Mandamus" directing the respondents herein to deposit the decreetal amount in E.P.No.41/2007 in O.P.No.1189/1998 on the file of the Additional District Judge, Nizamabad forthwith in the interest of justice and equity and pass other order. Counsel for the Petitioner:MR.V.TULASI REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. GP for Land Acquisition GP for Finance & Planning The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 8343 OF 2008 ORDER: According to the petitioners, their lands were acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to “the Act”) and the Land Acquisition Officer also fixed the amount of compensation. On a reference sought for by the petitioners under Section 18 of the Act, the matter was referred to a civil Court and the Additional District Judge, Nizamabad enhanced the compensation. Questioning the said enhancement, the respondents preferred an appeal which was dismissed. Though the lands were acquired as early as in the year 1997 and all the findings of the courts are in favour of the petitioners, the respondents have not paid the amount of compensation as fixed by the civil court. Again the petitioners were constrained to approach the same civil court and filed E.P.No. 41 of 2007 and the same is pending before the Additional District Judge, Nizamabad for the last more than a year. Hence they approached this Court and filed the present writ petition with the following prayer, “…..in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue any appropriate writ order or direction more particularly one in the nature of "Writ of Mandamus " directing the respondents herein to deposit the decretal amount in EP No. 41/2007 in OP No. 1189/98 on the file of the Additional District Judge, Nizamabad forthwith in the interest of justice and equity and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” A larger Bench of this Court in Bhamidipati Annapoorna Bhavani Vs. Land Acquisition Officer, Yeleru Reservoir Project, Peddapuram, East Godavari Dist. and others [1] held in the following manner, “…In cases arising out of the Act where the amount of compensation, finally determined has not been paid, a person must first resort to the alternate efficacious remedy of taking out execution and when despite taking out execution proceeding, if there is any delay caused on the part of authorities, resort can be had to filing of a writ petition in this Court and, this Court, while exercising its discretionary jurisdiction, in appropriate cases, may issue directions for immediate deposit of the amount of compensation by the State Government or the authorities on whose behalf the land has been acquired.” The said ratio squarely applies to the case on hand. The amount of compensation is finally determined, the petitioners have availed the efficacious alternate remedy by filing EP 41 of 2007 and the amount of compensation is not paid so far. Hence this Court, in its exercise of its discretionary power, directs the respondents to pay the amount of compensation along with solatium, interest and additional market value as fixed by the Additional District Judge, Nizamabad within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.17.4.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Irrigation & Power (Irr.IV) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Principal Secretary,Finance & Projects(Works), Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The District Collector, Nizamabad. 4 The Land Acquisition Officer/R.D.O., Bodhan, Nizamabad District. 5. 2 CCs to GP for Finance & Planning, 6. 2 CCs to GP for Land Acquisition, 7. 2 CCs to GP for Irrigation and Command Area 8. 2 CD copies Form-NIC-OGS/WP{LS} [1] 2005 (2) ALT 786 (LB)