S.Ranganathan v. Shri.Ansul Mishra Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Cont.P.No.913 of 2023 S.Ranganathan

...Petitioner

vs.

Shri.Ansul Mishra, I.A.S., Member Secretary, Chennai Metropolitan Development Authority, (Chennai Outer Ring Road Scheme), No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.

...Respondent

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the Respondent for wilful disobedience of the order dated 06.06.2022 passed by this Court in W.P.No.11828 of 2022. In all Cont.Ps.

For Petitioners : Ms.Dr.R.Maheswari For Respondents : Mr.P.Kumaresan, AAG, Assisted by Ms.R.Revathy Page No.1 of 5

C O M M O N O R D E R Since the issue involved in all these Contempt petitions are similar in nature, they are disposed of by way of this common order.

2. Learned counsel for the petitioners submitted that, the petitioners herein are land owners, whose lands were acquired in the year 2013 for the purpose of formation of Outer Ring Road Project, for which awards were came to be passed on 15.03.2010. Aggrieved by the said award amount, the petitioners preferred LAOPs under Section 18 of the Land Acquisition Act, and the LAOP Court enhanced the award amount in favour of the petitioners. As the said amount was not paid in favour of the petitioners, they approached this Court by way of filing Writ petitions in W.P.Nos.11828 of 2022 and etc batch cases and this Court, vide order dated 06.06.2022 directed the 1st respondent to pay the Award amount in terms of the respective LAOPs within a period of twelves weeks. However, till date, the same was not complied with by the respondents. Hence, these Contempt petitions.

3. However, learned Additional Advocate General appearing for the Page No.2 of 5

respondents/contemnors submitted that, as against the award passed in LAOPs, the respondents preferred appeal in A.S.Nos.4 of 2023 and etc batch cases and the Hon'ble Division Bench of this Court, vide order dated 28.03.2023 made in CMP.Nos.207 of 2023 and etc batch cases passed an interim direction, directing the State to deposit 50% of the amount with interest, determined, within one month and after such deposit of 50% of the amount by the State / Tahsildar, the claimants shall withdraw 40% of the same after furnishing the required details.

4. In view of the above facts, this Court is of the view that, no wilful default was committed by the respondents/contemnors. Hence, recording the above submissions made by the learned Additional Advocate General, these Contempt Petitions are closed. 13.04.2023 (1/2) Index : Yes/No Speaking Order : Yes/No Page No.3 of 5

M.DHANDAPANI., J.

(1/2) Page No.4 of 5

13.04.2023 Sub.Applw.Nos.286 to 298 of 2023 in Cont.P.Nos.914 to 926 of 2023 M.DHANDAPANI., J.

Dispense with ordered for the present.

13.04.2023 (2/2) Page No.5 of 5