Ekambaram v. The Special Tahsildar (Land Acquisition)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.36805 of 2024 Ekambaram .... Petitioner -Vs1.The Special Tahsildar (Land Acquisition) Unit V, Outer Ring Road Project Chennai Metropolitan Development Authority Koyembedu Wholesale Market Complex Koyembedu, Chennai-600 107.

2.The Member Secretary CMDA, Egmore, Chennai-600 008.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing deposit of the accumulated interest at 15% per annum for the remaining 60% of the awarded compensation from 01.10.2012 to 09.09.2022.

For Petitioner : Mr.Adarsh Subramanian For Respondents :

Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 Mr.Akhil Akbar Ali Standing Counsel for R2 1 / 4

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to deposit the accumulated interest at the rate of 15% p.a., for the remaining awarded compensation from 01.10.2012 to 09.09.2022. 2.Heard Mr.Adarsh Subramanian, learned counsel for the petitioner, Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for R1 and Mr.Akhil Akbar Ali, learned Standing Counsel for R2.

3.The grievance expressed by the petitioner is that the lands were acquired under the Land Acquisition Act, 1894 by issuing Section 4(1) notification in the year 2004. Thereafter, the award came to be passed in the year 2007. Since the compensation fixed under the award was very low, a reference was made to the LAOP Court and the reference Court enhanced the compensation amount. As against the award passed by the reference Court, appeals came to be filed before this Court. At the time of entertaining the appeal, this Court directed the 1st respondent to deposit 40% before the reference Court and permission was also granted to the petitioner to withdraw the same. Ultimately, the appeal came to be dismissed by an order dated 06.08.2015. Even thereafter, the 1st respondent did not take any steps to make payment till 08.09.2022. There was an inordinate delay in depositing the award amount. Even though, the remaining 60% amount was deposited, the interest payable at 15% was not included. It is under these circumstances, the present writ 2 / 4

petition came to be filed before this Court. 4.A similar writ petition was filed in WP.No.22670 of 2023. This Court directed the payment of 15% interest and the said direction was complied with and the writ petition was closed. The same benefit will enure to the petitioner also. 5.In the light of the above discussion, there shall be a direction to the 1st respondent to pay the accumulated interest at 15% p.a for the remaining 60% from 01.10.2012 to 09.09.2022, directly to the petitioner within a period of four weeks from the date of receipt of copy of the order. 6.This writ petition is disposed of with the above directions. No costs. 7.Post this writ petition 'for reporting compliance' on 28.04.2025 at 2.15 p.m.

12.03.2025 Index : Yes/No NCS : Yes/No KP Note: Issue order copy on 20.03.2025 N.ANAND VENKATESH, J.

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KP To 1.The Special Tahsildar (Land Acquisition) Unit V, Outer Ring Road Project Chennai Metropolitan Development Authority Koyembedu Wholesale Market Complex Koyembedu, Chennai-600 107.

2.The Member Secretary CMDA, Egmore, Chennai-600 008.

Writ Petition No.36805 of 2024 12.03.2025 4 / 4