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Madras High CourtWP/4394/2023dismissed

Palaniammal v. The Secretary To The Government Of Tamil Nadu

2023-06-12Honourable Mr Justice S.M. Subramaniam10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.Tmt.Palaniammal 2.Tmt.Thabitha 3.Thiru.Duraisamy 4.Tmt.Kalyani 5.Thiru.Vijayakumar 6.Thiru.Srinivasan 7.Tmt.Angammal 8.Thiru.Periyasamy 9.Thiru.Nagarajan 10.Thiru.Krishnamoorthy 11.Tmt.Anjugam 12.Tmt.Kowsalya 13.Tme.Suganya 14.Tmt.Jayasree Nair

15.Tmt.Saarika Menon 16.Tmt.Kaveri 17.Thiru.Malaiyappan 18.Tmt.Deepika 19.Thiru.Selvaraj 20.Thiru.Selvaraj 21.Thiru.Krishnankutty 22.Tmt.R.Sumathy 23.Thiru.R.Chandrakumar 24.Tmt.R.Sivaranjani 25.Tmt.Jothi 26.Tmt.Pechiammal 27.Thiru.Visuvasam 28.Tmt.Jackulin Arul Jancy Rani 29.Tmt.Estherrani 30.Thiru.Nachimuthu 31.Thiru.Kanagaraj 32.Thiru.S.Muthiya 33.Tmt.M.Chandrakala

34.Thiru.Dhanaraj 35.Thiru.Gurusamy 36.Thiru.Ruban Gnanaraj 37.Tmt.Hema Anandhi 38.G.Kalaiyarasi 39.Gunasekari 40.Kamala Saraswathi 41.K.Rajanbabu 42.K.Rajamani ... Petitioners Vs.

1.The Secretary to the Government of Tamil Nadu Transport Department Secretariat Fort St. George Chennai - 600 009.

2.The District Collector Coimbatore District Coimbatore.

3.The District Revenue Officer (L.A) Airport Runway Extension Coimbatore.

4.The Special Tahsildar (L.A) Unit-III Airport Runway Extension Coimbatore.

5.The Director Airport Authority of India Coimbatore.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to disburse the interest for our acquired land situated at Uppilipalaiyam Village, Coimbatore North Taluk, Coimbtore District comprised in Survey No's.330/1B2, 329/3B, 330/2B, 329/3B, 330/2B, 329/3B, 330/3, 329/2B, 330/2B, 330/2B, 329/3B, 330/1B2, 329/4, 338/1, 331/2B, T.S.No.1 Part, 48/3B Part, 49/1 part, 48/8 part, 49/2, 49/2 part, 48/6 part, 5 part, 2 part, 7 part, 48/9 part, 15 part, 3 part, 50/3 part, Old Survey No.334/2B Part, Town Survey No.30/30/1, Old Survey No.333/2B Part, Town Survey No.30 as per Section 12 of the Tamil Nadu Acquisition of Land for Industrial purpose Act, 1997 and consider the petitioners representations dated 19.12.2022 20.12.2022 and 14.01.2023. For Petitioners : Mr.G.Saravanabhavan For R1 to R4 : Mr.D.Ravichander Special Government Pleader For R5 : Mr.Gautam S.Raman

O R D E R

A writ of mandamus has been instituted to direct the respondents to disburse the interest for the acquired lands situated at Uppilipalaiyam Village, Coimbatore North Taluk, Coimbtore District comprised in Survey No's.330/1B2, 329/3B, 330/2B, 329/3B, 330/2B, 329/3B, 330/3, 329/2B, 330/2B, 330/2B, 329/3B, 330/1B2, 329/4, 338/1, 331/2B, T.S.No.1 Part, 48/3B Part, 49/1 part, 48/8 part, 49/2, 49/2 part, 48/6 part, 5 part, 2 part, 7 part, 48/9 part, 15 part, 3 part, 50/3 part, Old Survey No.334/2B Part, Town Survey No.30/30/1, Old Survey No.333/2B Part, Town Survey No.30 as per Section 12 of the Tamil Nadu Acquisition of Land for Industrial purpose Act, 1997 and consider the petitioners representations dated 19.12.2022 20.12.2022 and 14.01.2023.

2. The petitioners land was acquired for the purpose of extension of Airport Runway at Coimbatore under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 for the Industrial Purpose. Section 3(1) Notification was published in the Tamil Nadu Government Gazette Extraordinary Notification vide No.216/15 dated 14.10.2015, 1/17 dated 02.01.2017 and 2/15 dated 18.05.2015. The lands were acquired and the

compensation was fixed and the amount was disbursed to the petitioners without interest.

3. The learned counsel for the petitioners mainly contended that the petitioners had executed Sale Deed in favour of the respondents and received compensation. However, the respondents are obligated to pay interest for the said compensation and the penal interest as contemplated under the Acquisition Act has not been paid. Therefore, the petitioners are constrained to move the present writ petition.

4. The learned Special Government Pleader appearing on behalf of the respondents 1 to 4 objected the said contention by stating that it is not a case, where the petitioners have allowed the respondents to settle the compensation, which is to be determined by the authorities. In the present case, a private negotiation had been undertaken between the petitioners and the authorities and through private negotiations, the compensation was determined and consequently, the petitioners executed sale deed.

5. It is not in dispute that as per the instructions of the Government, private negotiations meeting was conducted on various dates with the land owners concerned for determination of land value under Section 7(2) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997. During the meeting, compensation amount fixed for lands acquired is Rs.900/- per Sq.ft for agricultural land and Rs.1,500/- for residential land without interest and that rate was accepted by the land owners. Further, the rates were approved by the State Level Valuation Committee.

6. The similar request for payment of interest was made by one Mr.Jaganathan and others have filed the Writ Petition in W.P.No.2116 of 2017 and 13 others before the High Court of Madras for payment of interest on compensation amount. After hearing the case, this Court passed an order on 18.08.2020, which reads as under:

"59. When consent is given and an agreement to receive payment on certain terms and conditions is arrived at, then the same is a complete package and therefore, claiming of an additional amount as solatium or otherwise does not arise. The entire transaction cannot in any manner be treated less than a concluded agreement

binding the consenting parties and the State Government as observed above. We, therefore, hold that the consent given and the negotiation finalized with regard to the rates was inclusive of all claims in respect to compensation subject to the terms thereof."

7. That apart, Section 7 of the Act contemplates "Determination of amount". Sub Clause 2 to Section 7 of the Act enumerates "Where the amount has been determined by agreement between the Government and the person to whom the amount has to be paid, it shall be paid in accordance with such agreement".

8. In the present case, there was an agreement between the parties through private negotiations. Such negotiation was conducted under Section 7 (2) of the Act. The compensation was agreed between the parties and accordingly, the Sale Deed was executed by the writ petitioners in favour of the respondents. That being the factum, the petitioners at this point of time cannot turn around and claim interest, since the petitioners had already agreed for the compensation and executed the Sale Deed in favour of the respondents.

9. In view of the facts and circumstances, the petitioners have not established any acceptable ground for the purpose of considering the relief and accordingly, the Writ Petition stands dismissed. No costs. 12.06.2023 Jeni Index : Yes Speaking order To 1.The Secretary to the Government of Tamil Nadu Transport Department Secretariat, Fort St. George Chennai - 600 009.

2.The District Collector Coimbatore District Coimbatore.

3.The District Revenue Officer (L.A) Airport Runway Extension Coimbatore.

4.The Special Tahsildar (L.A) Unit-III, Airport Runway Extension Coimbatore.

5.The Director Airport Authority of India Coimbatore.

S.M.SUBRAMANIAM, J.

Jeni 12.06.2023