Extracted from the PDF above. The PDF is authoritative.
APHC010077872025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4392/2025 Between: Singiri Kondamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. M S R CHANDRA MURTHY Counsel for the Respondent(S):
1. GP FOR LAND ACQUISITION
2. GP FOR IRRI AND CAD
3. GP FOR FINANCE PLANNING The Court made the following ORDER:
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation Department. With the consent of both the parties, the Writ Petition is disposed of at the stage of admission. 3. The Writ Petition is filed seeking to declare the inaction on the part of the respondents in paying the amount of compensation awarded in respect of
the lands, which were acquired from petitioners by passing a consent Award No.01/2018-19, dated 23.05.2018 to an extent of Ac.2.95 cents situated at Chiramana Village, A.S. Peta Mandal, SPSR Nellore District, as illegal, arbitrary and violative of the rights guaranteed under Articles 19, 21 and 300-A of the Constitution of India and for a consequential direction to the respondents to pay the compensation of an amount of Rs.12,39,000/- with the interest from date of Award i.e., 23.05.2018 to till the date of payment as per the Sec.80 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. 4. The learned counsel for the petitioners with reference to the averments made in the Writ Petition submits that the petitioners are the absolute owners and possessors of lands in an extent of Ac.2.95 cents situated at Chiramana Village, A.S. Peta Mandal, SPSR Nellore District. He submits that the said lands were acquired for the purpose of Somasila Project. He submits that an Award No.01/2018-19, dated 23.05.2018 was passed granting a compensation of Rs.12,39,000/- towards land and Rehabilitation and Resettlement. He submits that the 4th respondent addressed a letter to the 5th respondent to take immediate action for preparation of necessary bill etc., for payment of compensation to the concerned awardees vide proceedings dated
24.05.2018. But the compensation has not been paid to the petitioners.
He also submits that this Court in similar circumstances disposed of W.P.No.1308 of 2022 vide order dated 10.03.2022 and such an Order on the same lines may be passed. He further submits that non-payment of compensation is
unjust, arbitrary and the delay in payment of compensation is causing serious prejudice and irreparable loss to the petitioners. He submits that under those circumstances, the petitioners are constrained to approach this Court seeking appropriate directions. 5. On the other hand, the learned Government Pleader for Irrigation furnished written instructions received from the Special Deputy Collector, Atmakur, dated 24.02.2025. He submits that the award amount related to the present writ petitioners has not been uploaded to the CFMS portal due to the pending budget allotment. Simultaneously, the Special Deputy Collector, Somasila Project, Atmakur, has requested the Chief Engineer, NTR TGP, Tirupati, to allocate the necessary budget for the pending land acquisition work vide Rc.D/01/2023, dated 26.05.2023. As soon as the budget is allotted, the amount will be credited to the petitioners' accounts. 6. However, considering the submissions made by the learned Assistant Government Pleader for Land Acquisition that if some reasonable time is fixed, efforts would be made to make the payment to the petitioners, this Court deems it appropriate to dispose of the Writ Petition with a direction to the respondents to pay the compensation amount to the petitioners, pursuant to the Award dated 23.05.2018, as expeditiously as possible, at any rate, within a period of four (04) months from the date of receipt of a copy of this Order. Needless to state that this Order would not preclude the petitioners from claiming interest in respect of the awarded compensation before the appropriate Forum. 7. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J 17.03.2025 kkllkk
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.4392 of 2025
17.03.2025 kkllkk