Madras High CourtWP(MD)/18859/2021disposed of

Kanchana v. The District Collector

2023-11-09Honourable Mr Justice N. Anand Venkatesh11 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.18859 of 2021 Kanchana ... Petitioner Vs 1.The District Collector, Karur District.

2.The Land Acquisition Officer & Revenue Divisional Officer, Karur.

3.Thiruvaduthurai Adheenam, Thiruvaduthurai, Through Adheenakartha Sri-La-Sri Maha Sannithanam, Thiruvaduthurai, Kuthalam Taluk, Mayiladuthurai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to deposit the award amount with subsequent interest at the rate of 24% per annum for the acquired lands measuring Hec.4.97.5 in S.F. No.27 of K.Paramathi Village, Aravakurichi Taluk, Karur Distrit, as per the Award No.1/2006 in Rc No.A1.955/2005 dated 15.05.2006 within the time frame as fixed by this Court.

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For Petitioner : Mr.K.Suresh For R-1 & R-2 : Mr.K.S.Selva Ganesan, Additional Government Pleader For R-3 : Mr.E.K.Kumaresan W.P.(MD)No.18860 of 2021 K.Kandasamy ... Petitioner Vs 1.The District Collector, Karur District.

2.The Land Acquisition Officer & Revenue Divisional Officer, Karur.

3.Thiruvaduthurai Adheenam, Thiruvaduthurai, Through Adheenakartha Sri-La-Sri Maha Sannithanam, Thiruvaduthurai, Kuthalam Taluk, Mayiladuthurai District.

...Respondents

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For Petitioner : Mr.K.Suresh For R-1 & R-2 : Mr.K.S.Selva Ganesan, Additional Government Pleader For R-3 : Mr.E.K.Kumaresan COMMON ORDER The issue involved in both these Writ Petitions are common and hence, they are taken up together, heard and disposed of through this common order.

2. These Writ Petitions were filed to direct respondent Nos.1 and 2 to deposit the award amount with interest pursuant to the award passed through proceedings dated 15.05.2006.

3. When the matter was taken up for hearing, it was brought to the notice of this Court that the third respondent had filed a Writ Petition in W.P.(MD).No.14876 of 2015 before this Court seeking for a similar relief with respect to the same subject properties and this Writ Petition was disposed of by an order dated 13.12.2019. For proper appreciation, the entire order is extracted hereunder:

"This Writ Petition is filed for issuing a Writ of Mandamus to direct the respondents to deposit a sum of Rs.

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6,49,795/- with subsequent interest at 24% per annum and solatum from the date of award and other amount legally due to the petitioner and damages fixed by this Court for the land acquired by respondents about 4.97.5 Hectares in S.F.No.27 at K.Paramathi Village, Aravakurichi Taluk, Karur District within the time fixed by this Court.

2.The property measuring to an extent of 4.97.5 Hectares of land in S.F.No.

27 at K.Paramathi Village, Aravakurichi Taluk, Karur District was acquired by the Government for Power Grid Corporation, which was required for construction of 400/220kv Sub Station by the respondents.

It is admitted that after acquisition of land, an award came to be passed on 15.05.2006 fixing compensation for the land. It is also stated that a sum of Rs.6,49,795/- had been arrived at as compensation by the Land Acquisition Officer.

3.From the award, dated 15.05.2006, it is seen that some individuals have raised objection with regard to the payment of 4/11

compensation to the petitioners, in whose name the land was registered. Since there was a rival claim at the time of passing the award, the Land Acquisition Officer directed the compensation amount to the deposited in Court deposit, so that the amount can be paid to the petitioner or anyone, whose claim is upheld by the Court. The petitioner claims that the property acquired earlier is registered in its name and that therefore, the respondents should be directed to deposit the money in Court as per the award.

Sections 30 and 31 of Land Acquisition Act 1948, read as follows:

30.Disputes as to apportionment:- When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same to any part thereof is payable, the Collector may refer such dispute to the decision of the Court.

31.Payment of compensation or deposit of same in Court:- (1) On making an award under section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award 5/11

and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section.

(2) If they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Collector shall deposit the amount of the compensation in the Court to which a reference under section 18 would be submitted;

Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:

Provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18: Provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this Act, to pay the same to the person lawfully entitled thereto.

(3) Notwithstanding anything in this section the Collector may, with the sanction of the appropriate Government instead of awarding a money compensation in respect of any land, make any arrangement with a person having a limited interest in such land, either by the grant of other lands in 6/11

exchange, the remission of land-revenue on other lands under the same title, or in such other way as may be equitable having regard to the interests of the parties concerned.

(4) Nothing in the last foregoing sub-section shall be construed to interfere with or limit the power of the Collector to enter into any arrangement with any person interested in the land and (As to persons who are competent to contract, see s.11 of the Indian Contract Act, 1872 (9 of 1872).)competent to contract in respect thereof."

4.Reading of both provisions would indicate that the second respondent, namely, the Land Acquisition Officer, has to refer a dispute relating to apportionment to the Court under Section 30 of the Act. However, the respondents have neither referred the matter under Sections 30 or 31 of the Act or deposited the money in Court, as it was required.

5.The land owner is entitled to interest, as contemplated under the provisions of Land Acquisition Act. It is not in dispute that the land was taken long back and possession was also taken.

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Hence, the State is required to pay compensation for the land owners by calculating interest at the rate of 15% from the date of taking possession, except for the first year, where the rate of interest is only at 9%. In such circumstances, by directing the respondents to deposit the money in Court, the petitioner will be put to serious prejudice and hence, the Writ Petition is disposed of with the direction to the second respondent, namely, the Land Acquisition Officer, to refer the dispute with regard to apportionment before the appropriate Court within a period of six weeks from the date of receipt of a copy of this order. The intimation regarding reference also should be communicated to the petitioner as well as other persons, who have raised objection regarding disbursement of compensation to the petitioner at the time of passing of award.

The Reference Court, on such reference, is directed to pass orders on merits within a period of six months from the date of such reference. No costs."

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3. In view of the above, it is not necessary to issue any further directions, since the directions have already been issued to the second respondent.

4. It is brought to the notice of this Court that in spite of such directions issued by this Court to the second respondent, till date, the compensation amount has not been deposited in the Court and the reference has also not been made before the concerned Court. It is quite shocking that the award that was passed in the year 2006 continues to remain in the paper and it has not culminated into a deposit of the compensation amount. In any case, the second respondent was bound to comply with the order passed by this Court in W.P.(MD).No.14876 of 2015.

5. The learned Additional Government Pleader appearing on behalf of the first and second respondents submitted that he will ensure that the second respondent complies with the order passed by this Court and the same is reported before this Court.

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6. In view of the above discussion and taking into consideration the submission of the learned Additional Government Pleader, these Writ Petitions are disposed of. No costs.

7. Post these cases under the caption "For Reporting Compliance" on 30.11.2023.

09.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector, Karur District.

2.The Land Acquisition Officer & Revenue Divisional Officer, Karur..

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N.ANAND VENKATESH, J.

tsg 09.11.2023 11/11