V. Narayanasamy v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN V.Narayanasamy

...Petitioners in all C.R.Ps

..Vs..

Union of India, Represented by the Deputy Collector Cum-Land Acquisition Officer, Karaikal.

...Respondents in all C.R.Ps

PRAYER in C.R.P (NPD)Nos.1062 and 1065 of 2007: Civil Revision Petition filed under Section 115 of C.P.C, fair and decreetal order dated 12.01.2007 in I.A.No.458 of 2004 in L.A.O.P.No.13/89 on the file of the Additional District Judge, Pondy at Karaikal. PRAYER in C.R.P (NPD)Nos.1063 and 1064 of 2007: Civil Revision Petition filed under Section 115 of C.P.C, fair and decreetal order dated 12.01.2007 in I.A.No.459 of 2004 in L.A.O.P.No.1/90 on the file of the Additional District Judge, Pondy at Karaikal. For Petitioner : Mr.T.R.Rajaraman in all C.R.Ps For Respondent : Ms.G.Djearany 1/4

O R D E R Heard both the parties and also gone through the respective orders passed in I.A.No.459 of 2004, I.A.No.1179 of 2006 and I.A.No.1052 of 2006.

2. Taking note of the fact that by a judicial order, the Deputy Collector-cum-Acquisition Officer, Karaikal has deposited the amount and in the said order, the claimants were directed to withdraw the amount 25% of the award amount with security with 25% and another 25% without security.

3. When the appeals had been disposed of, the quantum of compensation has been reduced and accordingly, they have deposited the balance amount. At this juncture, the Union Territory of Pondicherry has preferred the I.A. seeking 12% interest for the balance of the amount and the same was allowed and hence, these Civil Revision Petitions.

4. Taking into consideration that the claimants have already lost the land and in turn also lost their livelihood, they were given only a compensation, which they are entitled to under the Land Acquisition Act. 2/4

5. Hence, I am of the considered view that the interest of justice, could be met by reducing the interest to 6% from the date of the deposit till the date of the amount to be paid.

6. With these observations, these Civil Revision Petitions are partly allowed to the extent indicated above. No costs. 10.02.2020 nvi Index:Yes/No Speaking Order:Yes/No To The Additional District Judge, Pondy at Karaikal. 3/4

RMT.TEEKAA RAMAN,J., nvi 10.02.2020 4/4