The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstan@s stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direct'ton more particularly one in the nature of writ of Mandamus, declaring non{ayment of remaining part of balance compensation particularly interest on solatium and additional market value on reference court enhanced market value and Hon'ble High Court enhance market value from the date of taking over possession on 30.1'1.1988 is arbitrary, illegal and unconstitutional and fuillrer dkect the respondent to comply with the provisions of the Article 2o2 (3)c of ttre constitution of lndia in respect of the final decree in o.P.No.133 of 1990, on the file of {he court of Senior civil Judge at warangal obtained against the state by paying compensation to claimants by calculating in accordance with the Hon'bb Supreme Courts Judgment in Gurupreeth Singh Vs Union of lndiareported in 2006(10) Scale 393. l.A. NO: 1 OF 2013(WPMP. NO: 13707 OF 2013) Fetition under Section 151 CPC praying that in the circumstances stated in the affidavit l'iled in support of the petition, the High Court mqy be pleased to direct the respondent to take immediate steps to pay to the claimants within 8 weeks by calculating iriterest on solatium and Additional market vatue on reference court enhanced amornt aid interest on solatium and additional market value on Honourable l{igh Court enhanced market value and interest on the Supreme Csurt enhance vahle as per the final decree in O.P.No.133 of 1990 on the file of the Senior Civil Judge, Warangal obtained against state by paying oompensation to the claimant:; by calculating in accordance with the Honqugble Supreme Court Judgment in Gurupreeth Singh Vs Union sf lndia reported in above Writ Petition, pending disp,osal of the above Writ Petition. Counsel for the Petitioner: SRI C. VENKATA MALLA REDDY Gounset for the Respondents: GP FOR LAND ACQUISITEN The Court made the following: ORDER Writ Petition No.l1O78 of 2O13 This writ petition is filed seeking the followin'g prayer: ' "... d.eclaring rton-pagment of rcmaining part of batance compensation partiatlarlg intere.st on solatium and additional market ualue on reference court enhnnc,ed marleet ualue and Honourable High Court enhone market uolue from the date of taking 'ouer lrcssession on u nco n s titutio nal and furtler direct, the re sp o nde nt to complg with ttte prouisio,ns of tte Article 202 (3)c of tlw Constid.ttion of Indin in respect of tle finat decree in O.P.No.133 of 1990 on the file of the Court of Senior Ciuit Judge at Warangal obtained against the state bg paying compensation tn daimr;nts bg calculnting in accord"ance with -the HortourabLe Supreme Courts Jud.gment in Gutupreeth Singh u. Union of India reported in 2OO6(10) SCC 393..."

2. The petitioner is the clairnant No.28 in O.P.No' 133 of 1990 on the file of senior civil Judge at warangal. The facts of the case are that respondent authority acquired lands of the petitioner and others for excavation of Sreeram 2 sagar. Branch canals in warangal District by publishing notifi,:ation on lg.l2.lg87. An award was passed by respondent on 30. I 1. 1988 offering Rs.9,OOO f - per acre for ,-.,l'. . . .:. ,.:, dry lands. Aggrieved by the said award, petitioners filed O.P.trto.l33 of 1990 on the file of Principal Senior Civil : Jud.g:, Warangal accordingly, Senior Civil Judge passed awarrl fixing market value at Rs.22,5OO/- per acre for dry land and Rs.25,OOO/- for wet and awarded 3O7o so-latium and l2o/o additional market value and interest. Being n-ot satislied with the same, petitioners preferred A,S.No.421 of .,, ] . lggg before this court and this court partly allowed the said A.S.No.421 of 1999 as follows "thnt the amount "f compensation award.ed bg the trial Court is enhanced'from Rs.22,5OO/ - per acre for dry land to Rs.3OiOOA/- per acre for dry land together uith all other statutory benefits as per the amended. Act.D

3. It is submitted that as per the final decree, the petit:ioners are entitled to enhanced market value, solatium and additional market value together with interest on market value from the date of taking over possession on

30.11.1988. Thereafter, respondent authorities have 3 deposited enhanced land value, sdatiqm apd additional market value together with interest onlJ on land value of - Rs.45,042/- on 26.O6.t997. The respondent did not - : , .'. '', ' ''. deposit interest on solatium a4d additional market value. The respondent authority again deposited enhanced'land value, solatium additional market v4!ue togetJrer as per ' ,::,'. .-ti:, order of the reference Court dated.27.08.1998 with interest . ".,' onty on land value of Rs.66,555l::,,,,f9r .,,rg+ainqg 69 claimants. Thereafter, the res,pondent _dep.o-sr!g{ enhanced compensation in the Civil CqUft.,,,.for ,qr.r . arrrount of Rs.4,93,4 32 / - on 27 .O9.2OOi3. did not :;...1., ."1..,i.... ':i....i. 1 deposit interest on solatium apd market value from the date of taking possession 9f the acquired land i.e., from 30.11.1988 and that petitioner is.entitled to interest on solatium and additional market v.alUe from the date of taking over the possession of land. ,,.,:.

4. It is further submitted that respondent authority ignored the judgment of the Hon@ Supreme Court in the case of @utTtreet Singh a. tlnlon of Indiar but foll,owed the instructions and memos of Governrnent in calcul.ating 'zooo (ro):ec:sr I I i ,l 4 conirpensation payable to the claimants. Thereafter, the :, petitirner preferred E.P.No .291 of 2OA9 on the file of Senior Civil ,Judge,IMarangal. The main grievance of tlle petitioner is thirt though petitioner's land was acquired in the year 1988-89, pn the date of filing of writ petition not even -l /3'a of co:npensation is paid to claimants which is deprivation of right to livelihood under Article 2I ot c;< India. It is further submitted that respondent can pay trticle 21 of Constitution of comp,ensation out of Court to the claimant/decree holder throtgh Bank or Postal Money Order or any other mode. It submitted that in similar circurnstaRces and is further - .t--. :: connected matters, this Court granted interim order in w.P.1\,I.P.No.40869 of 2O1O in W.P.No.32L5g of 2010 dated 22.Lt2.2O10 to pay compensation amount in pursuant to the final decree in o.P.No.3S of \992 on the file of Principal senior civil Judge, warangal within eight (8) weeks and

5. When the matter is taken up for hearing, none has appeared on behalf of the petitioner. No counter aJfidavit has been filed and learned Assistant Government Pleader reporrted no instructions. 5

6. On a perusal of tlle record, at this juncture, w-here there is no representation on behalf of the petitioner and there were no instructions from learlred Assistant Government Pleader, this Court cannot pass arry direction to the respondent authority, however, if the case of the petitioner in O.P.No.133of 1990 on the file of the Court of Senior Civil Judge at Warangal, is still pendir€ consideration, petitioner may pursue appropriate renredies before the Civil Court in..O.P.No.133 of 199O and no mandamus can be issued at this belated stage qnd no further orders can be passed.

7. Accordingly, this writ petition stands closed. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. //TRUE COPY// .RANI OFFICER

1. One CC to SRI C. VENKAT MALLAREDDY, 2. Two CCs to GP for Land Acquisition, High Court f6r the State of Telangana at Hyderabad. IOUTI -

3. Two CD Copies MP BS i i I I I i ; )_ I i i i i : a , i \ \ HIGH COURT DATED:2410312025 t\EtI SIN IE 2 1 lrr 2[fr 't '*. :--r) i, ORDER WP.No .11078 of 2013 ' CLOSING THE WRIT PETITION WITHOUT COSTS T(s t4/'lr^