Saroj Bala K Shah And Another v. V.Rajaram And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2024

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN

1. Saroj Bala K.Shah

2. Roopesh K.Shah ... Petitioners Vs.

1. V.Rajaram, IAS, Secretary to Government, Revenue Department, Government of Tamilnadu, Fort St. George,

2. Dr.Alby John Varghese, IAS, District Collector, Thiruvallur District,

3. S.Ashogan Deputy Collector (Revenue),

4. Dhamodharan Tahsildar, Ambattur Taluk Office, Ambattur, Chennai.

5. Dr.J.Radhakrishnan, IAS, Commissioner, The Corporation of Chennai, Rippon Building,

6. The Divisional Engineer, Highways Department, Construction and Maintenance, No.155/17, Jawaharlal Nehru Road, Periyakuppam, ... Respondents Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for the contmeptof this Court committed by them by violating the order dated 08.09.2021 passed by this Court in W.P.No.34841 of 2012.

For Petitioners : Mr.T.M.Naveen For Respondents For R1 to 4 & 6 : Mr.S.J.Mohammed Sathik Government Advocate For R5 : Mr.R.Ramnlal Additional Advocate General Assisted by Mrs.P.T.Rama Devi

ORDER

This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 08.09.2021 passed by this Court in W.P.No.34841 of 2012, thereby restraining the respondents from entering

into the petitioners' properties except by due process of law. If the respondents intend to acquire the land with due process of law, it should be completed within a period of six months.

2.

The learned Additional Advocate General appearing for the fifth respondent submitted that as directed by this Court, the respondents issued notice to the petitioners and conducted detailed enquiry and arrived compensation at Rs.399/- per sq.ft. Accordingly, they arrived total compensation to the tuen of Rs.5,54,565/-. However, the petitioners are not accepting the said amount and sought for more compensation and refused to receive the same. He further submitted that the respondents are ready and prepared to pay the compensation amount. He also produced a demand draft in D.D.No.966066 dated 08.07.2024 drawn in Indian Overseas Bank for a sum of Rs.5,54,565/- before this Court.

3.

The learned counsel appearing for the petitioners submitted that without prejudice to his right to adjudicate the matter in accordance with law, he is ready to receive the demand draft.

4.

Accordingly the learned Additional Advocate General handed over the demand draft in D.D.No.966066 dated 08.07.2024 drawn in Indian Overseas Bank for a sum of Rs.5,54,565/- to the learned counsel appearing for the petitioners. The petitioners are at liberty to challenge the entire proceedings for enhancement of compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

5.

Accordingly, this Contempt Petition is closed. 14.08.2024 Index : Yes/No Speaking/Non Speaking order rts To

1. The Secretary to Government, Revenue Department, Government of Tamilnadu, Fort St. George,

2. The District Collector, Thiruvallur District,

3. The Deputy Collector (Revenue),

4. Dhamodharan Tahsildar, Ambattur Taluk Office, Ambattur, Chennai.

5. The Commissioner, The Corporation of Chennai, Rippon Building,

6. The Divisional Engineer, Highways Department, Construction and Maintenance, No.155/17, Jawaharlal Nehru Road, Periyakuppam,

G.K.ILANTHIRAIYAN, J.

rts 14.08.2024