IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.9695 of 2008 Between: 1. U. Rama Swamy Sastry, s/o Venkata Sastry, Hindu, r/o Gudivada Village, Krishna District. 2. U. Papanna Sastry, s/o Rama Swamy Sastry, Hindu, r/o Vijayawada Krishna District. 3. U. Ganeshwar Rao, s/o Papanna Sastry, r/o Chiaogirala village, Vuyyur Mandal, Krishna District. 4. Mukkamala Kamala Devi, w/o Venkata Sastry, r/o Ongada village, Kothapeta Taluq, East Godavari District. 5. Manthravadi Mastan Rao, s/o Ganesh Rao, Hindu, r/o Vijayawada. 6. Manthravadi Kama Sastry, s/o Chandrasekhar Rao, Hindu, r/o Mungada village, East Godavari District. 7. Penumarti Ramachandra Rao, s/o Subba Rao, Hindu, r/o Vijayawada. 8. Kandavalli Venkata Subba Rao, s/o Venkatarama Deekshitulu, Hindu r/o Bellampalli village, Adilabad District. 9. G.V.S.S. Sarma, s/o Late J. Venunandam, Hindu r/o Munjavarapupottu village, Gannavaram Mandal, E.G. District. 10. Manthravai Sarojini Devi, w/o M.V. Hanumantha Rao, r/o Mehdipatnam, Hyderabad. 11. S. Bhaskeram, s/o Venkat Subbaiah r/o Machilipatnam, Krishna District. ... PETITIONERS AND The Land Acquisition Officer-cum- Revenue Divisional Officer, Gudivada. ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction particularly one in the nature of writ of mandamus declaring the inaction of the respondent in paying the just compensation as per final determination of the APEX court having acquired the lands belonging to petitioners in an extent of Acs.44-57 cents Sy.Nos.58/1, 58/2, 58/3, 59/2, 60/3, 62/1Aa, 62/2A, 63/2, 64/1, 64/2 , 64/3, 18, 53/1 and 53/2 situated in Billapadu village, Gudivada Mandal, Krishna District in pursuance of notification dated 13-01-1985 under Section 4(1) of the Land Acquisition Act and possession was taken on 19-01-1985 is highly arbitrary unjust illegal, discrimination and violative to Article 14 and 300-A of the Constitution of India and consequently direct the respondent to pay the compensation forthwith in the interest of justice and to pass such other orders. Counsel for the Petitioners: Mr. P. RAJASEKHAR Counsel for the Respondent: GP FOR LAND ACQUISITION The Court made the following: ORDER: - According to the petitioners, their lands were acquired under the provisions of the Land Acquisition Act, 1894 (for short, “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 Civil Court enhanced the compensation fixed by the Land Acquisition Officer. On appeal, this Court further enhanced the compensation. The Supreme Court also further enhanced the compensation as per the order dated 14-09-2004 passed in C.As.1231-1242, 3120- 3132 and 6525 of 1999. Though the lands were acquired as early as in 1985 and all the findings of the Courts are in favour of petitioners, respondents have not paid the amount of compensation. In those circumstances, petitioners filed E.P.Nos.31 to 42 of 2005 and the same are pending before the Senior Civil Judge, Gudiwada. Hence they filed the present writ petition seeking a mandamus to direct the respondents to pay the compensation forthwith. 2. Heard learned counsel for the petitioners and learned Government Pleader for Land Acquisition. 3 A larger Bench of this Court in BHAMIDIPATI ANNAPOORNA BHAVANI v. LAND ACQUISITION OFFICER, YELERU RESERVOIR PROJECT, PEDDAPURAM, EAST GODAVARI DIST. AND OTHERS 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.” 4 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 E.P.Nos.31 to 42 of 2005 and the amount of compensation is not paid so far. Hence this Court, in exercise of its discretionary power, directs the respondents to pay the amount of compensation within a period of eight weeks from the date of receipt of a copy of this order. 5 The writ petition is accordingly disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.02-05-2008 Note: Issue C.C. in one week. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Land Acquisition Officer-cum- Revenue Divisional Officer, Gudivada. 2. 2CCs to 3. 2CD copies Form-NIC-OGS/WP{VSMI}