Anaparthi Satyanarayana Vs The State of Andhra Pradesh

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature

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of writ of mandamus declaring the endorsement in LDS No. 307/2021/A1, dated 03.11.2022 issued by the 3rd respondent rejecting the petitioner's request for payment of interest on the delayed payment of compensation of Rs. 36,09,361/- (Rupees Thirty six Lakh Nine thousand^{Threehundredand} Sixty onE only) was paid on 26.09.2022 towards his^{landanextentofAc.144} cents in Survey No. 193/1A was acquired for the purpose of Chinthalapudi Lift Irrigation Scheme in the year, 2017 is illegal , arbitrary^{andunconstitutional} and contrary to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently to direct the respondents to pay the interest @ 24% per^{annumfromthedateof} acquisition land till the payment is made to the petitioner.

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the interest @ 24% per^{annumfromthedateof} acquisition of the petitioner's land till the payment is made to the petitioner pending disposal of the writ petition.

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Counsel for the Petitioner: SRI I. KOTI REDDY IDAMAKANTI

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Counsel for the Respondent No.1 :GP FOR IRRIGATION^&CAD Counsel for the Respondent Nos.2 & 3: GP FOR LAND ACQUISITION The Court made the following order:

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[3529]

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APHC010685432022

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

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THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR

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WRIT PETITION NO: 40587/2022

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Between:

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1.ANAPARTHI SATYANARAYANA, S/0 VENKATA RATNAM, AGED ABOUT 63 YEARS, OCCUPATION RIO POCHAVARAM VILLAGE, TALLAPUDI MANUAL, EAST GODAVARI DISTRICT, A.P.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P.

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2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAHMAHENDRAVARAM, A.P.

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3.THE SPECIAL DEPUTY COLLECTOR LA, POLAVARAM IRRIGATION PROJECT RIGHT MAIN CANAL (UNIT - I), KOVVUR, EAST GODAVARI DISTRICT, A.P.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction more particularly one in the nature of writ of mandamus declaring the endorsement in LDS No. 307/2021/A1, dated 03.11.2022 issued by the 3rd respondent rejecting the petitioner's request for payment of interest on the delayed payment of

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compensation of Rs. 36,09,361/- (Rupees Thirty six Lakh Nine thousand Three hundred and Sixty onE only) was paid on 26.09.2022 towards his land an extent of Ac. 144 cents in Survey No.193/1A was acquired for the purpose of Chinthalapudi Lift Irrigation Scheme in the year, 2017 is illegal , arbitrary and unconstitutional and contrary to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently to direct the respondents to pay the interest @ 24percent per annum from the date of acquisition land till the payment is made to the petitioner and to pass

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lA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to pay the interes. @ 24% per annum from the date of acquisition of the petitioner's land till the payment is made to the petitioner pending disposal of the writ petition and to pass

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to the Respondent No.3 in the WP No.40587/2022 to file counter affidavit in the above writ petition and pass

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Counsel for the Petitioner:

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1.KOTI REDDY IDAMAKANTI

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Counsel for the Respondent(S):

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1.GP FOR LAND ACQUISITION

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2.GP FOR IRRIGATION COMM AREA DEV

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3

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Th© Court msd© th© following Ord©r; (per Hon'ble Sn Justice R. Raghunandan Rao)

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The land of the petitioner, to an extent of Ac. 1.14 cents, in Sy.No.193/1A of Pochavaram Village, Tallapudi Mandal, East Godavari District, had been acquired in the year 2017 for the purpose of Chinthalapudi Lift Irrigation Scheme. An award was also passed in his favour, fixing the compensation of Rs.28,34,213/towards acquisition of the land and Rs.7,75,148/- towards the value of the trees on the land.

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Though an award was passed in his favour, the compensation fixed on the award was not credited to the account of the petitioner till 26.09.2022. The petitioner, after receipt of this amount, on 26.09.2022, had filed a representation, dated 23.10.2022, to the respondents 2 & 3 for payment of interest @24% per annum and for an enhancement of compensation. The 2'"'^ respondent is then said to have addressed a letter, dated 04.11.2022, to the respondent, to consider the said representation. In pursuance of this direction, the 3'^ respondent issued an endorsement, dated 03.11.2022, stating that the interest cannot be paid to the petitioner, as compensation amount, as per the provisions of the Land Acquisition Act, 2013 [for short “the LA Act, 2013”].

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The petitioner contended that the possession of his land was taken on 21.12.2017, whereas the compensation was paid to him only on 26.09.2022 and consequently, he was entitled to interest @24% per annum, for the period of delay in payment.

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Learned Government Pleader for Land Acquisition has produced the written instructions, dated 05.08.2025, by the Special Deputy Collector (LA), PIPRMC Unit-1, Kovvur, stating that the possession of the land was taken on 06.07.2018. In these instructions, it is also stated that the compensation amount had been deposited with the treasury. However, the said amount could not be released immediately on account^{oftheclearanceof} other bills.

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The land of the petitioner was acquired under the provisions^of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short “the Act, 2013”]. Section 70 of the Act, 2013 stipulates that the Collector, on making the award under Section-30 of the Act, 2013, shall tender payment of compensation awarded by him to the persons entitled to such payments by depositing the same in the bank account of the person entitled to such payment. In the event of such a person refusing to receive the money, it would be open^{totheCollectorto} deposit the amount with the authority, giving a reference^{underSection-64of} the Act, 2013, should be submitted.

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Under Section-80 of the Act, 2013 reads as follows:-

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“Payment of interest:-When the amount of such compensation^isnot paid or deposited on or before taking possession of the land, the Collector shall pay the amount awarded with interest^{thereonattherate} of nine per cent, per annum from the time of so taking possession until it shall have been so paid or deposited:

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Provided that if such compensation or any part thereof is not paid or deposited within a period of one year from the date on which possession is taken, interest at the rate of fifteen per cent, per annum shall be payable from the date or expiry of the said period of one year on the amount of compensation or part thereof which has not been paid or deposited before the date of such expiry. ”

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Under this provision, the affected persons would be^entitled to interest @9% from the date of possession of land being^taken till the date of payment if such compensation is paid within one year^{fromthedateonwhich} the possession has been taken. If the delay exceeds a period of one year, interest @15% per annum will be payable on the amount of the compensation which had not been paid.

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In the present case, even if the date of handing over the possession is taken from 06.07.2018, the fact remains that the compensation was deposited in the bank account of the petitioner only on 26.09.2022. 9. In the circumstances, the petitioner would be entitled^tointerest @9% from 06.07.2018 to 06.07.2019 and @15% from 06.07.2019 to

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26.09.2022. This interest would be payable on the compensation^amountof Rs.36,09,361/-, which was deposited in the bank account of the petitioner, on 26.09.2022.

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It is also made clear that this would not preclude the petitioner from claiming further interest in the event of enhancement of the compensation payable to the petitioner, if such proceedings are pending.

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Accordingly, this Writ Petition is disposed of with^{adirectiontothe} respondents 2 & 3 to calculate the interest payable to the petitioner, in terms of this Court and deposit the same in the bank account of the petitioner, within a period of six weeks from the date of receipt of this^{Order.Thereshallbeno} order as to costs.

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As a sequel, pending miscellaneous petitions, if any,^shallstand

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closed.

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Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY//

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To,

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