✦ Andhra Pradesh High Court

Writ Petition No. 19088 of 2012 · Andhra Pradesh High Court

Writ Petition No. 19088 of 2012L NARASIMHA REDDY

Case at a glance

Bench
L NARASIMHA REDDY

Outcome

Disposed of

Hence, the writ petition is disposed of, directing that the

Judgment

The petitioner owns an extent of Acs.8.00 of land in Survey Nos.297 and 299 of Balanagar Village and Mandal, Mahabubnagar District. It was acquired by the Government through a notification published under Section 4 (1) of the Land Acquisition Act. An award was passed on 25.06.1984 fixing the compensation at Rs.5,000/- per acre. On a request made by the petitioner, the matter was referred to the Court of the Senior Civil Judge, Gadwal, which was taken up as O.P.No.249 of

1984. The trial Court passed a decree on 06.05.1994 enhancing the compensation at Rs.70/- per square yard. In A.S.No.1856 of 1994, this Court through judgment, dated

Operative part

16.10.1998, reduced the compensation from Rs.70/- per square yard to Rs.45/- per square yard. The decree is said to have become final. The petitioner filed E.P.No.19 of 2006 in O.P.No.249 of 1984 for recovering the enhanced amount of compensation. Her grievance is that the respondents have not deposited the amount so far. Heard learned counsel for the petitioner and learned Government Pleader for Land Acquisition. There may have been justification for the respondents in not depositing the enhanced amount of compensation as long as the proceedings were pending before this Court or before the Supreme Court against the decree passed by the civil Court. Once the matter is assumed finality, the respondents are under obligation to deposit the enhanced amount of compensation. Though the decree has to be enforced, in accordance with the procedure prescribed under Order XXI C.P.C., the State cannot abdicate its liability, to deposit the compensation once the property of the petitioner was acquired under a statute for a public purpose. Hence, the writ petition is disposed of, directing that the respondents shall deposit the compensation payable under E.P. No.19 of 2006 in O.P.No.249 of 1984 within three (3) months from the date of receipt of a copy of this order. There shall be no order as costs. The miscellaneous petition filed in this writ petition also

stands disposed of. _______________________ L. NARASIMHA REDDY, J. Dt.27.06.2012.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Hence, the writ petition is disposed of, directing that the

Which statutory provisions did this judgment involve?

Land Acquisition Act — s. 4(1); Code of Civil Procedure, 1908.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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