R SHANKARAIAH Vs. GOVT OF A P

JUDGEMENT

(1.) This writ petition is filed by six ryots of Chendurthi village, Karimnagar district, seeking for a declaration that the action of the respondents in not paying the compensation in respect of their lands of an extent of about Ac. 40-00 taken possession of by the 3rd respondent for the formation of a tank, as illegal and arbitrary and to direct respondents 1 and 2 to pass an award as per the provisions of the Land Acquisition Act and to pay reasonable compensation with solatium and interest. The WPMP is to direct the respondents to pay 80% of tentatively estimated amount as per Sec. 17 (3- A) of the Land Acquisition Act.

(2.) Notice before admission was ordered on 23-3-1993. The 3rd respondent (Executive Engineer, I.B. Division, Karimnagar) has filed a counter affidavit.

(3.) This case makes a startling revelation of the executive apathy to the woes of the farmers whose lands were acquired and a total disregard to the rule of law. The other side of the picture is that on account of the inordinate delay, the liability of the Government to pay compensation has swelled up manifold with the increase in the market rates and with the introduction of amendments to the Land Acquisition Act. Though the lands in question were taken possession of more than a decade back for an urgent public purpose, it is unfortunate that no proceedings under the Land Acquisition Act have been initiated till recently nor a paise has been paid towards compensation. Perhaps the co- operation which the concerned ryots had extended in surrendering possession of the lands without voicing their objections has been taken undue advantage of by the concerned authorities and years were allowed to roll by without bothering to discharge the elementary obligation which the respondents are expected to discharge. The only solace is that very recently i.e., on 19-8-1993, the estimated amount of compensation of Rs. 6 lakhs and odd has been deposited with the Mandal Revenue Officer (Land Acquisition Officer).