BASREDDY Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE four petitioners in this writ petition are challenging the notices dated 10. 3. 2005 issued under Section 12 (2) of the land Acquisition Act (for short 'the Act' ). Copies of the impugned notices are produced at Annexures-B, C, D and E. The said notices are assailed only to the extent they purport to deduct 25% of the amount of compensation payable to the petitioners allegedly towards the depreciation charges of the buildings acquired. Petitioners have further sought for a direction to the respondent-Special Land Acquisition Officer to pay the amount as per the award passed together with all the statutory benefits.

(2.) IT is the case of the petitioners that the buildings constructed by them in the properties owned by them were acquired for the purpose of constructing a canal. The Special Land Acquisition Officer, Karanja project, Bidar passed an award vide Annexure-A determining compensation for the acquired properties. The names of the four petitioners including the details of the property acquired, their measurements and the market value determined along with statutory sums payable is found at SI. Nos. 102, 114, 117 and 145 of the statement of details annexed to the award-Annexure-A. In respect of petitioner No. 1-Basreddy son of shivareddy, the total amount of compensation determined is shown as rs. 94,885/ -. Likewise in respect of other petitioners also different sums are determined as total amount payable as compensation. This is inclusive of statutory sums payable towards solatium and the additional amount payable under Section 23-A of the Act. Petitioners are not aggrieved by the determination of the compensation made by the Special Land acquisition Officer vide Annexure-A. But, their grievance is that after the award was passed and after the award became final, while issuing notices under Section 12 (2) of the Act, the Special Land Acquisition Officer has proceeded to deduct 25% out of the total amount as depreciation charges.

(3.) IN the case of the 1st petitioner-Basreddy, out of the sum of rs. 94,885/-, Rs. 23,721/- is deducted towards depreciation charges and the net amount payable is shown as Rs. 71,164/- in Annexure-B notice issued on 10. 3. 2005 under Section 12 (2) of the Act. Similar notices are issued in respect of the three other petitioners deducting 25% from out of the total amount of compensation payable.