SUR REDDY Vs. SPECIAL DEPUTY COLLECTOR LA MEDAK

JUDGEMENT

(1.) In this writ petition a question of public importance i.e., whether the existence of an alternative remedy by way of execution proceedings deter this Court in directing the Government to pay the enhanced compensation forthe compulsory acquisition of the lands belonging to the petitioners in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India arises for consideration.

(2.) Heard the learned counsel for the petitioners as well as the learned Government Pleader for Land Acquisition.

(3.) Admittedly, the lands belonging to the petitioners along with others were acquired for construction of Singo or Project in the year 1982 by issuance of a draft notification under Section 4(1) of the Land Acquisition Act (herein after referred as 'the Act') published in the A.P. Gazette on 13-07-1982. By invoking the urgency clause, the respondents have taken possession of the lands dispensing with 5(a) inquiry under the Act. The respondents passed award on 19-12-1985 and on an application filed by the petitioners a reference was made to Civil Court under Section 18 of the Act for enhanced compensation. The District Judge, Medak in O.P.No. 191/87 & batch dated 31 -07-1989 enhanced the compensation to a tune of Rs. 12,000 per acre for dry lands. The respondents carried the matter in appeal by filing A.S.No.73/92, which was ultimately dismissed on21-01-1994.But the respondents did not chose to pay the enhanced compensation for a long time. The execution proceedings initiated by the petitioners did not yield any fruitful results. In those circumstances, the present writ petition was filed by the petitioners seeking a direction to the respondents to deposit the entire enhanced compensation amount as per the orders of the Civil Court, in the District Court, Medak at Sangareddy.