The High Court · 2025

Counsel for the Petitioner : SRI S.V.RAMAN, rep., SRI P.CHAKRAVARTHY Counsel for the Respondents No.1&4 : AGP FOR lRRl AND COMM AREA DEV Counsel for lhe Respondents No.2,3&5 : ASST.GP FOR LAND ACQUISITION The Court made the following: OROER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.2O293 OF 2019 ORDER: This writ petition is filed seeking the following relief: " .. . lo issue a wnt of mandamus or aly other appropriate writ or direction declaring the action of the respondents in not paying compensation for the storage tanks in Sy. No. 7 and Sy. No. 1O/B of Tappetlamorsu Village, Gattu Mandal, Joguiamba Gadwal District as estimated by the Executive Engineer and communicated to the Special Deputy Collec[or, JLIP (LA), Gadwa] dated 15.02.2008 as il1ega1, arbitrary ald violative of Artrcle 3OO-A of the Constitution of India and consequently direct the respondents to pay the compensation with interest a::d benehts as provided under section 23 of the Land Acquisition Act .... . . "

2. Heard Sri S.V.Ramal, learned counsel, representing Sri P.Chakravarthy, learned counsei for the petitioner through video conference, learned Assistant Government Pleader for Land Acquisition appearing lor respondent Nos.2, 3 and 5 and the learned Assistant Government Pleader for Irrigation appearing on behalf of respondent Nos.1 and 4

3. Learned counsel for the petitioner submitted that the issue raised in this writ petition IS squarely covered by the common order passed by this Court in W.P.Nos.32082 and 32Oa9 of 2024, dated 09.12.2024 and placed a copy of the said order by duly serving upon the learned Assistant Government Z Pleader for Land Acquisition and the learned Assistant Government Pleadcr for Irrigation 4 . Learnecl Assistant Government Plea cter lor Land Acquisition and t.he learned Assistant Governrrent pleader for Irrigation havc rrot disputed the same.

5. Taking into consideration the facts and r:ircumstances of the case and rn vieu, of the common order passed by this Court in W.P.Nos 32082 and 32089 of 2024, dated Ct9.12.2024, the respondents are clirected to make the payment of compensation to the petitioner for the structures i.e., srr>rage tanks in S1,.No.7 and Sv.No.1O/B of Tappetlamorsu Village, Gattu Mar-rdal, Jogulamba-Gadwal District, as per the estimate furnished br tl-re Executive Engineer uide letter dated

15.02.2008, along u,ith benefit of interest thereorr till the date of payment, within a period of eight (8) weeks from the date of receipt of a copl' of this order

6. With thr: above directions, the Writ Petition is disposed of. No costs 3 Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs. //TRUE COPY// SD/.A. SRINIVASA R ASSISTANT REGIS DY R SECTION O FICER To, Gadwal District. uecretanat, Hyderabad. Jogulamba-GadwIl Distrrct. 1 lt_lilgpqt,Sgcr+ary, State of Tetangana, trrigation Department, 2. The District C6llector, Jogulamba-Gadwal District. 3. The Special Deputy Colle-]"tor, t_ano ncqu;sition,lf_f p, Gadwat, Jogulamba_ 4. The Executive Enoineer,.JLlSP. Division No.1, lrrigation Department, Gadwal, 5 The Special Collector, Land Acquisition, Bheema project, Mahabubnagar, 9 9l:99 tg sFIprgI4IBAVAFrHy. Advocate topucl / ly! cCs to GP FOR lRRt AND COMM AREA D'EV, Hidh Court for the State t i!',9"#gis}F,otYJi *.ozonoursrror.r, uinn fo,n ro,the srate or ^ Iela!-ggn_a at Hyderabad. [OUT] 9. Two CD Copies. J99 ul4tnba-Gadwal District. slo.$-ylt! 9 c-oPv of lhe.coqlmon order, dated 09-12-2024 in w.p.No.32082 & 32089 of 2024 to this Order. BSK 6s g \ I l l I i i I i l i I I ! I , I l HIGH COURT DATED:1810212025 ! I 1 I I I I ORDER WP.No.20293 of 2019 ( D () rit{ E S T4 14: ( 0it nPn 206 * )r'srrarc DISPOSING OF THE WRIT PETITION WITHOUT COSTS W THE HON'BLE SRI JI'STICE T. VINOD KUMAR WRIT PETITIO N Nos.32O82 AND 32089 OF 2024 COMMON ORDER: Heard learned Counsel for the petitioners, learned Assistant Government Pleader attached to the office of the learned Advocate General appearing for respondents and with the consent of learned Counsel appearing for the parties, these Writ Petitions are taken up for hearing and disposal at the stage of admission.

2. The case of the petitioners, in brief, is that the respondent authorities while acquiring the land in Sy. Nos.16 and 141 situated at Tappetlamorsu vi.llage. Gattu Malda-l, Jogulamba Gadwal District by passing a consent Award on 15.02.2006 did not make payment of compensation towards value of structures existing in the land acquired though had noted the compensation for the structure will be added at the time of passing of next Award; and that inspite of more than 15 years having passed by since then, compensation in respect of the structures viz., water tank existing in their land has not been paid tilt date, which action it is contended is highly illegal and 2 arbitrary and contrary to the provisions of the Lrurd Acquisition Act, I894.

3. Learnccl Assistant Government Pleader attached to the office of t hr: Iearned Advocate General has placed before this Court the llle relating to the aforesaid la_n,l acquisition proceedings. A perusal of the file relating to the aforesaid la,nd acquisition prr>ceeding clearly shows that on th.e respondent authorities passing a consent Award acquiring the land of the petitioners, on the basis of letter addressed by the Land Acquisition Officer, the Executive Engineer having initiated proceedings for valuation of structures i.e., storage water tank existing in 1he land acquired from the petitioner .r.e., Sy. Nos.16 and I41; and thzrt the Abstract Estimate of the structure value of storage r,,,atcr tank as prepared by the Assistant Engineer counters i6{n('(l by the Deputy Executive Engineer and the Executive Enginecr of Irrigation & Command Area Development as forwardecl by the Executive Engineer to the LarLcl Acquisition Officer undcr thr: cover of letter dated 15.02.2008 shows that the structurc value in respect of the water talk s;ituated in Sy. No.16 bekrnging to the petitioner in W.P. No.32082 of 2024 to be in a sum of Rs.3,02,O08/- while that of the petitioner in W.P. 4 the valuation of the structures for making payment of structure compensation for the reasons best known remained .silent and have deprived the petitioners from receiving the compensation for nearly 16 years despite the petitioners. approaching the respondent authorities time and again. It is for the said reason the petitioners were compelled to approach this Court by filing the present Writ Petitions.

6. Since, a perusal of the file by this Court relating to the a-foresard proceeding clearly indicates the respondent authorities having not paid the compensation in respect of the structures existing in the lands acquired from the petitioners under consent Award, this Court is of the view that the respondent authorities are to be directed to pay compensation amount for the. structures as per the Abstract Estimate as furnished by the Executive Engineer under the cover of letter dated 15.O2.2OO8.

7. Accordingly, the respondents are directed to make the payment of compensation to the petitioners for the structures as per the Abstract Estimate furnished by the Executive Engineer vide letter dated 1 5.O2.2008 along with consequential benefit of interest thereon till the date of payment within a period of six weeks from the date of receipt of a copy of this order. ,=w 5

8. Subject to the above direction, these Writ Petitions are disposed of. No costs Miscellaneous petitions, if any, pending in the Writ Petition, shall stzind closed Date: 09. 12 .'2024 MRKR T. VINOD KUMAR, J