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Andhra High Court · body

2013 DIGILAW 439 (AP)

Syed Yaqoob (died) per LRs v. U. Achuta Kumar, Special Deputy Collector (LA)

2013-06-14

L.NARASIMHA REDDY

body2013
Judgment : The petitioners filed W.P.No.1082 of 2006 before this Court, complaining that the respondent did not pay ex gratia for the land admeasuring Acs.3.21 guntas in Survey No.134/1 of Chinnagollpally Village, Shamshabad Mandal, Ranga Reddy District, taken over from them. The writ petition was allowed on 27.03.2012, directing the respondent to pay ex gratia with interest at the rate of 12% per annum from the date of taking possession till the date of payment. This Contempt Case is filed alleging that the respondent did not comply with the directions issued by this Court. On behalf of the respondent, counter affidavit is filed. It is stated that the cheques for payment of ex gratia are ready with the office of the Mandal Revenue Officer and that the petitioners are not receiving the same. Reply affidavit is filed by the petitioners stating that the respondent has not included solatium. Heard Sri M. Mehdi Hussai, learned counsel for the petitioners, and the learned Government Pleader for Land Acquisition appearing for the respondent. The respondent is prepared to pay ex gratia as well as the interest. The petitioners are refusing to receive the cheques on the ground that solatium is not included in the amount. There is no statute as such, as of now, that provides the payment of solatium. Further it is brought to the notice of this Court that the issue is pending adjudication before the Supreme Court. Hence, the Contempt Case is closed, leaving it open to the petitioners to receive the ex gratia without prejudice to their right of claiming solatium depending upon the judgment to be rendered by the Supreme Court. The miscellaneous petitions, if any, filed in this Contempt Case shall stand disposed of. There shall be no order as to costs.