Sudarshan Kumar Rungta v. The Special District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Sudarshan Kumar Rungta S/o.Late.Govind Rungta, 21, Rajarathinam Street, Kilpauk, Chennai-600 010 Petitioner Vs
1. The Special District Revenue Officer, (Land Acquisition)-FAC, Chennai Peripheral Ring Road Project, Chennai-58.
2.The Divisional Engineer, (Construction And Maintenance), Highways Department, Tiruvallur, Tiruvallur District.
Respondent(s) Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to arrange for disbursement of the compensation amount of Rs.2,12,20,789/-fixed in the Award No.23/2020 dated 10.12.2021 which is lying in the civil court deposit pursuant to the order of reference dated 14.11.2022 made in (i)Rc.No.2220/2022/A1/Unit-I, (Panchetti Block II) and (ii)RC No.2222/2022/A1/Unit-I (Panchetti Block II). 1/6
For Petitioner : Mr.N.Manoharan For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to arrange for disbursement of compensation amount fixed in Award No.23/2020, dated 10.12.2021, which is lying in the Court deposit.
2. The first respondent has filed a counter and the relevant portions are extracted hereunder:
"3. It is submitted that the following extents in respect of the following survey numbers in Panchetty Village have been acquired for providing road connectivity from Mahabalipuram to Ennore Port under the Chennai Peripheral Ring Road Project under the relevant provisions of the Tamil Nadu Highways Act 2001 (Tamil Nadu Act No.34 of 2002) in the Award No.23/2020/Panchetty Village (Block-II)/Rc.No.87/2020/R1 passed by the first respondent on 10.12.2021. Survey No.
Extent Acquired (in Hectare) Award Amount (in Rupees) Name of the Awardee 185/1A1B 0.58.00 1,88,16,783.03 M/s.Jaibhavani Steels Enterprises 186/3B 0.02.99 9,70,037.61 Total 0.60.99 1,97,86,820.64 (or) 1,97,86,821.00 185/2A1B 0.07.41 24,04,006.25 Thiru PromodSaraf 2/6
4. It is submitted that the following compensation amount in respect of the following survey numbers in Panchetty Village (Block-II) have been deposited as noted against each in the Learned Principal District and Sessions Judge Court, Tiruvallur and the same is numbered as LAOP Nos.18 of 2023 and 19 of 2023.
Extent Acquir ed (in Hectar e) Amount of compensation deposited in the Court (in Rupees) Date of deposit in the Court Sl.
No.
Survey No.
Details of Cheque 1.
185/1A 1B 0.58.00 1,88,16,783.03 29.11.2022 State Bank of India (ADB), Tiruvallur NEFT/RTGS No.38793491 2.
186/3B 0.02.99 9,70,037.61 29.11.2022 Total 0.60.99 1,97,86,820.64 (or) 1,97,86,821.00 3.
185/2A 1B 0.07.41 24,04,006.25 (or) 24,04,006.00 29.11.2022 State Bank of India (ADB), Tiruvallur NEFT/RTGS No.38793491
5. It is submitted that in this back drop, the petitioner has filed this writ petition before this Hon'ble Court.
6. With respect to Para 3, 6, 7 and 12, it is submitted that the award amounts in respect of the survey numbers mentioned in Para 4 above have been deposited in the Principal District and Sessions Judge Court, Tiruvallur on 29.11.2022 under sub section (3) of the Section 22 of the Tamil Nadu Highways Act 2001 consequent on the objection letter received from the Bank of India, Asset Recovery Branch, Chennai Zone. LAOP.No.18 of 2023 and LAOP.No.19 of 2023 are pending before the Learned Principal District and Sessions Judge Court, Tiruvallur in respect of the above survey numbers." 3/6
3. Heard Mr.N.Manoharan, learned counsel for petitioner and Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents.
4. It is clear from the counter filed by the first respondent that the compensation amount has already been deposited before the concerned Court in the pending proceedings in LAOP Nos.18 and 19 of 2023. It is also seen from records that the petitioner has filed interlocutory applications to implead himself as a party and to permit him to withdraw the compensation amount deposited before the Court.
5. In view of the above, there shall be a direction to the learned Principal District and Sessions Judge, Tiruvallur, to deal with the applications filed by the petitioner in I.A.No.2 of 2024 in L.A.O.P.No.18 of 2023 and I.A.No.2 of 2024 in L.A.O.P.No.19 of 2023 and pass appropriate orders after hearing the petitioner and the other interested parties and also taking note of the order passed by the Division Bench of this Court in W.P.No.32107 of 2022 etc. batch dated 27.09.2023, within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No 4/6
costs.
27.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To
1. The Special District Revenue Officer (Land Acquisition)-FAC, Chennai Peripheral Ring Road Project, Chennai-58 2.The Divisional Engineer, (Construction And Maintenance), Highways Department, Tiruvallur, Tiruvallur District.
N.ANAND VENKATESH, J 5/6
gm 27.03.2025 6/6