✦ High Court of India · 01 Apr 2025

1. B Siddiram, Rl/o Rajula Village, Bichku v. Telangana, Secretariat, Hyderabad

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Length
1,128 words

Counsel for the Petitioners : SRI T.SUJAN KUMAR Counsel forthe Respondent No.l : AGP FOR lRRl AND COMM AREA DEV Counsel for the Respondent No.2 ; AG.P FOR FINANCE AND pLANNING Counsel for the Respondent Nos.3 & 4 : AGP. FOR LAND ACQUISITION The Court made the following ORDER \ . THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 76 of 2017 ORDER: Heard learned counsel for the pe tioners and Learned Assistant Government Pleader for Irrigation appeari g for respondent No.1, Learned Assistant Government for Finance and Pl ng appearing for respondent No.2 and learned Assistant Governmen Pleader for Land acquisition appearing for respondent Nos.3 and 4. Wi the consent of the parties, the writ petition is being taken up for disposal

2. This writ petitiorr is filed seeking follo rng prayer "to direct the respondents herein to along uith interest itr E.P No.82015 of the I Additional District ludge, interest of justice." posit the decreetal amount tn O.P No.502/2009 on the fle izamabad forthutith in the

3. Brief facts in this writ petition are tha the petitioners are the habitants of Rajua Village, Bichkunda Mandal, Niza bad District. The respondent authorities for acquiring the land for the p pose of construction of Rajula Anicut in the Shivars of Rajulu and darpally Villages of Bickunda Mandal, issued 4(1) notification dated 28.04 7, under Land Acquisition Act The petitioners land was also notified for a uisition. Thereafter, respondent No.4 passed award on 24.09.2008, by fixing e compensation Rs.40,000/- per acre with 30% solatium and additionai mark value under Section 23(1-,{) @ 12% per annum from 28.04.2007 to 24.09. Aggrieved by the award dated

24.09.2008, petitioner made application u er Section 18 of the Land 2 Acquisition Act and the same was uumbered as C).p.No.502 of 2009. The I Additional District Juclge, Nizamabad rldc Judgment and Decree dated 08.09.2014 enhanced the compensation from Rs.40,000/_ to Rs.2,16,000_ per acre including alI statutory benefits under the Land Acquisition Act. Thereafter, petitioner fileci E.p.No.g of 2015 in O.p.No.502 of 2009 forclaiming the balance amount of Rs.1,42,92,341/_. Thereafter, the rcspondent No.4 aldz letter dated 18.05.2015, requested the Chief Commissioner of Land Administratiorr, for sanction of the amounts in thc sairr Ep. However the same was not deposited by the respondent authorities. Aggricvcd by the Same, this writ pctition is filed. Learnecl counser for the petitioners submits that in sim.ar circumstance '.4' ,\, a. ' the Division Bench of this Court in 2005(2)ALT -7g6 crirected the authorities therein to immediately deposit the compensation amouut. Learned counsel for the pe titioners further submits that this Court on 02.07.207g, passed the following order:- "ht oieu, of the same, there slmll be interim depost the decretal amount nlong tai resP!.ndc.yts_ crcdil oJ LP No_.8 of 20-t5 itt O.p No.502 of 200'9, tl Jrom tfu dnle of receipt ol a copy ol this ordir.,, directiort to the tlt itterest to tlrc itlin four month 5' Learned counser for the petitioners submits that inspite of the interim order dated 02.07.2079, the respondent authorities har.e not deposited the decreetal amount till today and pray this Court to direct the respondent authorities herein to deposit the decreetal amount along with interest in E'P'No 8 0f 2015 in o.p.No.502 0f 2009 0n the f,e of t Additionar Disrricr Judge, Nizamabad in a time bound period. :-ffiryr 3 i

6. Learned Assistant Government Pl dcr appearing for respondcnts submits that appropriate orders be passed i this writ petition

7. Recording the submission made by I arned counsel appearing on either side, this writ petition is disposed of ting the respondent authorities to deposit the decreetal amount along with t interest in terms of the judgment and decree dated 08.09.2014, passed in O.P o.502 of 2009, by the I Additional Diskict )udge, Nizamabad, to the credit of E.P No.8 of 2015 in O.P No.502 of 2009 on the file of I Additional District Jud e, Nizamabad, as expeditiously as possible, at any rate within a periocl of six (0 ) weeks from the clate of receipt of a copy of this order

8. Accordingly, this writ petition disposed of. Miscellaneous applications, i{ any pending, shall stand clos d. No ordcr as to costs //TRUE C PYII SD/. A. SRINIVASA REDDY S TANT REGISTRAR SECTION OFFICER To

1. The Principal Secretary, lrrigation Dep rtment, Secretariat, State of Telangana at Hyderabad.

2. The Principal Secretary, Finance and (Works), Government of Telangana, S 3. The District Collector, Nizamabad Dist 4. The Land Acquisition Officer-cum-R.D 5. Two CCs to GP FOR lRRl AND COM for the State of Telangana at Hyderab 6. Two CCs to GP FOR FINANCE AND Telangana at Hyderabad. [OUTI 7. Two CCs to GP FOR LAND ACQUISI Telangana at Hyderabad. [OU! 8. One CC to SRI T.SUJAN KUIVAR, Ad 9. Two CD CoPies SA GJP G rojects / Works, Finance and Proiects cretariat, Hyderabad. ct, Nizamabad. , Badhan, Nizamabad District. AREA DEVELOPMENT, High Court LANNING, High Court for the State of N, High Court for the State of cate [OPUC] ,* r<o 1HE SI4Ia o o 1t tlJE zffi ,\ t D f..,: n.1 , ---' HIGH COURT DATED:01 10412025 ORDER WP.No.44476 of 2017 DISPOSING OF THE W.P WITHOUT COSTS. o\

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