S SIDDA REDDY Vs. DISTRICT COLLECTOR SOCIAL WELFARE

JUDGEMENT

(1.) The land of the petitioner admeasuring about Ac. 3.00 in S.No. 143/3-A of Bhagampalle Village, hamlet of Sundupalle Mandal, Cuddapah District was acquired by the respondents in the year 1985 for the purpose of providing house-sites to the weaker sections. The notification under Section 4 (1) of the Land Acquisition Act was published on 5-12-1985. and the declaration under Section 6 of the Act was published on 20-2-1986. An award was passed on 15-3-1986 determining the compensation at Rs. 10,000/- per acre and the total compensation together with the statutory benefits was fixed at Rs. 40,170.00.

(2.) The 2nd respondent who is the Land Acquisition' Officer ordered that the compensation shall be paid to the petitioner in 5 annual instalments of Rs.8,034.00 for year. The petitioner was paid two instalments on 3-3-1986 and 3-3-1987. Thereafter he was not paid any amount. He approached the respondent number of times through representations. Since there was no reply, he filed the writ petition seeking a direction to the respondents to pay the compensation with interest as per the award dated 15-3-1986.

(3.) The respondents filed counter-affidavit admitting that the land of the petitioner admeasuring Ac. 3.00 was acquired in the year 1985 and the award was passed on 15-3-1986. It is also admitted that the award provided for payment of compensation in 5 instalments and out of them only two instalments were paid. As regards the nonpayment of the balance of the amount the justification pleaded by the respondents is that in the year 1990 they received certain representations to the effect that the petitioner has alienated some plots in favour of third parties under agreements of sale. It was also pleaded that one Mr. Siva Reddy claimed that he is the owner of an extent of Ac. 1.10 cents out of the Ac. 3.00. In view of these objections the respondents claim that they are justified in withholding the payment of balance of compensation to the petitioner.