SPECIAL DEPUTY COLLECTOR Vs. BALAIAH

JUDGEMENT

(1.) Sri R Thimmareddy, learned counsel, is taking notice for respondent. After hearing both the counsel, I am satisfied that this is a fit case, where interim stay is to be granted, on condition that the petitioner deposits the entire amount of enhanced compensation and costs, if any, within two months from today. The respondent is entitled to draw the entire amount of enhanced compensation and costs without furnishing any security.

(2.) It is now repeatedly held by this Court that with a view to avoid persistent criticism against the courts that the adjudicatory process to determine compensation of market value of the lands acquired has become gold mine to middle men and in some cases to persons invol- ved in that process indulging in practices which make the claimants not to realise the full fruits of the award granted by the Courts.

(3.) In Srisailam Devasthanam vs. Bhavani Pramilamma (1) AIR 1983 A.P, 297 at page 309, a Division Bench of this Court has held that: "Before parting with the case we have to state that in recent times it is a wide talk in the corridors of the courts and elsewhere that the benefits in the Award are not being received in full by the legal representatives of the deceased or the victims of the accident. The middlemen and in some rases, the persons involved in the adjudicatory process are making hay taking advantage of the illiteracy ignorance and innocence of the legal representatives of the deceased or the victims of the accident. Many of th& poor citizens are ignorant of their right and are not aware of how to vindicate their right and realise the fruits thereof. As a result, a major part of the amount awarded is being knocked off by the middlemen and in some cases the persons involved in the adjudicatory process and only a paltry sum is being received by the legal representatives of the deceased or the victims as the case may be. With a view to put an end to this pernicious evif percolating into the portals of the Courts to maintain the administration of justice, we feel it expedient and absolutely necessary to indicate that the claims. Tribunals should take care to see that the amount awarded is received in full by the legal representatives of the deceased or the victims of the accident. In that process, we are of the opinion that one of the methods is that the Claims Tribunal should direct the claimants or the legal representatives to open a Savings Bank Account either in the nearest nationalised bank or the post office and the number of that account should be furnished to the Tribu :al and the Tribunal should deposit the respective shares of the claimants to the said account so that the fruit of Award would be realised by the claimants to mitigate their hardship.