APHC010499862022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30672/2022 Between: 1. K RAMA VEERA REDDY, S/O. K. MADDULETY REDDY, HINDU, AGED ABOUT 66 YEARS, CULTIVATION, CHENNAMPALLI VILLAGE, OWK MANDAL, NANDYAL DISTRICT, ANDHRA PRADESH, PIN – 518122. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (LA) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. PIN – 522238. 2. THE STATE OF A.P., REP. BY ITS PRINCIPAL SECRETARY, FINANCE (w&p) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. PIN – 522238. 3. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION & SPL.CS APPIIC TOWERS, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH STATE. PIN – 522503. 4. THE CHIEF ENGINEER & DWRO, WATER RESOURCES DEPARTMENT, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH, PIN 518001. 5. THE SPECIAL COLLECTOR (LA), SRISAILAM PROJECT, KURNOOL, KURNOOL DISTRICT, A.P., PIN – 518002. 6. THE SPECIAL DEPUTY COLLECTOR (LA), S.R.B.C., NANDYAL, NANDYAL DISTRICT, A.P., PIN – 518501. 2 ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to set aside the order dt 18.11.2024 in W.P.No. 30672 of 2022 and restore the same and pass Counsel for the Petitioner: 1. K NARENDRANATH REDDY Counsel for the Respondent: 1. GP FOR LAND ACQUISITION The Court made the following Order: Heard Sri K. Narendranath Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Land Acquisition. 2. The instant Writ Petition is filed challenging the action of the respondents in not depositing the amount of compensation determined, pursuant to the Judgment and Decree, dated 30.01.2003 in O.P.No.16 of 1995 on the file of the learned Principal Senior Civil Judge, Nandyal and as modified vide the Judgment and Decree, in A.S.No.754 of 2003 & batch, dated 28.06.2007. 3 3. The petitioner contends that he is the absolute owner and possessor of the subject land of an extent of Ac. 6.15 cents in Sy.No.55/5 in Banaganapalli Vilalge and Mandal, Kurnool District. The subject land of the petitioner was acquired for approach and Tail channel of Muchetla Vaagu aqueduct for forming of Right Bank Main Canal of Srisailam. The respondent No.6 passed award, vide proceedings dated 20.03.1993 fixing the market value of the lands at Rs.3,00,000/- and Rs.1,00,000/- per acre for category-I lands and Category-II lands respectively. On petitioner’s request, the matter was referred to Civil Court for enhancement of compensation. The same was accordingly, numbered as O.P.No.16/1995 on the file of the learned Principal Senior Civil Judge, Nandyal. The learned Principal Senior Civil Judge, Nandyal, vide Judgment, dated 30.01.2003 enhanced the compensation payable to the subject land uniformly to Rs.4,83,000/- per acre. Aggrieved thereby, the respondent No.6 filed an Appeal in A.S.No.754 of 2003 and the Claimants also filed Cross Objections seeking enhancement of the compensation awarded by the Reference Court. The said Appeal was disposed of by the erstwhile composite High Court of Andhra Pradesh vide Judgment and decree in A.S.No.754/2003 & batch, dated 28.06.2007 fixing the market value of the lands for category-I at Rs.4,20,000/- and for category II at Rs.3,00,000/- per acre. Aggrieved by the said judgment and decree the Special Deputy collector (LA) filed SLP before the Hon’ble Apex Court. The said appeal was dismissed by the apex court vide order date 11-03-2015. The matter has reached up to the Hon’ble Apex Court and attained finality yet 4 the amount of compensation payable to the petitioner has not been paid. Thus, filed the instant Writ Petition challenging the inaction of the respondents and consequently sought for a direction to the respondents to deposit the decretal amount payable to the petitioner pursuant to the Order and Decree, dated 30.01.2003 in O.P.No.16 of 1995 and as modified vide the Judgment and Decree, dated 28.06.2007 in A.S.No.754 of 2003. 4. The respondents filed a counter-affidavit, submitting that the proposals for payment of the decretal amount to the decree holders have been delayed due to administrative contingencies. It is further stated that the proposals were submitted to the Special Collector, SSP (Sri Sailam Project), Kurnool, vide proceedings dated 30.09.2022 for sanction of a sum of Rs.31,33,146/- was submitted to the Special Collector, SSP for release of the amount from the Government . 5. Considered the submissions. Admittedly, it has been more than 30 years since the possession of the subject land has been taken over, pursuant to the land acquisition proceedings. Having regard to the same as the quantum of compensation payable to the petitioner has attained finality, depriving the petitioners of the compensation due to them is nothing but depriving them of their property without just recompense, which is unjust and inequitable. The delay in payment of compensation is not a minor irregularity but a violation of legal rights, warranting the court's interference. 5 6. Therefore this court deems it appropriate to dispose of the Writ Petition directing all the respondents to take all necessary steps for remittance/payment of the amount of compensation awarded to the petitioner forthwith, without any delay and the same shall be paid directly to the account of the petitioner within a period of eight (08) weeks from the date of receipt of this order, failing which the petitioner is entitled to claim interest @ 6% per annum on the delay of payment. 7. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 11.02.2026 MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 30672/2022 Dated: 11.02.2026 MSI