NARAYANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for the issue of a writ of Mandamus directing the respondents to pay enhanced compensation as per the judgment and decree of this court in CMA No. 1077 of 87 dated 26th July, 1989.

(2.) The Arbitrator-cum-District and Sessions Judge, Visakhapatnam passed an award dated 10-3-1987 fixing the compensation at Rs. 15/- per Sq. Yard for the lands acquired under the Requisitioning and Acquisition of Immoveable Property Act, 1952 ('the Act'for brevity). Being dissatisifed with the said Award of compensation, the claimant filed CMA No. 1077 of 1987 in this court and a learned single judge of this court allowed the appeal in part and enhanced the compensation to Rs. 20/- per sq. yard. After the said Judgment of this Court, the claimant approached the Competent Authority, along with the decree and Judgment of this Court for payment of enhanced compensation. As the Competent Authority failed to pay the amount as fixed by this court in the above CMA and as there is no provision for depositing the amount by the Competent Authority either under the Act or the Rules made thereunder, the petitioner has filed this writ petition.

(3.) Sri S. Venkateswara Rao, the learned counsel for the petitioner, contends that since there is no forum available for the claimant to get the decree executed, he has no alternative but to resort to Article 226 of the Constitution by way of a writ petition.