IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.6630 of 2008 Between: 1. Sanga Reddy, s/o Ganga Reddy (C1), 2. Venkat Reddy, s/o Banga Reddy (C2), 3. Sanga Reddy, s/o Kista Reddy, all are r/o Mailar village of Jukkal Mandal, Nizamabad District. ... PETITIONERS 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 Sub-Collector/Land Acquisition Officer, Bodhan, Nizamabad District. ...RESPONDENTS 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 any appropriate writ, order or direction more particularly one in the nature of "writ of mandamus" directing respondents herein to deposit the decretal amount in E.P.No.43/2007 in O.P.No.20/2000 on the file of the Additional District Judge, Nizamabad forthwith in the interest of justice and equity and to pass such other orders. Counsel for the Petitioner: Mr. V. TULASI REDDY Counsel for Respondent Nos.1&2: GP FOR IRRIGATION Counsel for Respondent No.3: GP FOR REVENUE Counsel for Respondent No.4: 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 learned Additional District Judge, Nizamabad enhanced the compensation fixed by the Land Acquisition Officer. Questioning the said enhancement, respondents preferred an appeal, which was dismissed. The Government also went to the Supreme Court and filed a special leave petition, which was also dismissed. Though the lands were acquired as early as in 1997 and all the findings of the Courts are in favour of petitioners, respondents have not paid the amount of compensation as fixed by the Civil Court. In those circumstances, petitioners filed E.P.No.43 of 2007 and the same is pending before the Additional District Judge, Nizamabad for the last more than a year. Hence they filed the present writ petition seeking a mandamus directing respondents to deposit the decretal amount in E.P.No.43 of 2007 in O.P.No.20 of 2000 on the file of the Court of the Additional District Judge, Nizamabad, forthwith in the interest of justice. 2. A larger Bench of this Court in BHAMIDIPATI ANNAPOORNA BHAVANI v. 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.” 3. 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. No.43 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. 4. The writ petition is accordingly disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.28-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy 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 Sub-Collector/Land Acquisition Officer, Bodhan, Nizamabad District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{TRT} [1] 2005 (2) ALT 786 (LB)