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2008 DIGILAW 424 (MAD)

Kanniammal & Others v. The Special Tahsildar, (L. A. ) Cell -II, M. M. D. A. , Chennai-8 & Another

2008-02-06

A.C.ARUMUGAPERUMAL ADITYAN

body2008
Judgment :- The orders passed in the unnumbered memo filed by the claimants in LAOP.Nos.102, 103, 107 & 108 of 1992 and LAOP.No.391 of 1993 respectively on the file of the learned Subordinate Judge (Land Acquisition Tribunal), Poonamallee, are under challenge in these revisions respectively. 2. LAOP.Nos.102, 103, 107 & 108 of 1992 and LAOP.No.391 of 1993 have been filed under Section 18 of the Land Acquisition Act. An award was passed on 110. 1991 by the Land Acquisition Officer and on the appeal preferred by the Government, this Court had remanded all the matters to the Tribunal for reconsideration of the same on the basis of the additional evidence produced. Even after remand, the Land Acquisition Tribunal had passed an award without altering the previous award, which was challenged before this High Court. After passing of the awards for the second time, the claimants have filed petitions for withdrawal of 50% of the award amount already been deposited by the Government. This Court had passed an order permitting the claimants to withdraw 25% of the award amount in deposit without furnishing security and to withdraw the remaining 25% of the award amount in deposit by furnishing bank guarantee and accordingly, the claimants have withdrawn 25% of the award amount without furnishing any security and have withdrawn the remaining 25% of the award amount after furnishing bank guarantee. 3. Now after knowing that the guarantee had already been expired, the claimants have filed the impugned Memo before the Land Acquisition Tribunal seeking direction to send a letter of communication to the Managing Director, Karur Vysya Bank, Thiruverkadu to permit the claimants to withdraw the amount deposited with Karur Vysya Bank, Thiruverkadu for issuance of bank guarantee, which was rejected by the Tribunal (Subordinate Judge, Poonamallee). 4. The learned counsel for the revision petitioners would represent that the government is yet to deposit the remaining 50% of the award amount and there is no material on record to show that they have preferred any appeal against the award passed for the second time by the Land Acquisition Tribunal subsequent to the order of remand passed by this Court. It is further represented that the claimants have filed EP before the Land Acquisition Tribunal against 50% of the award amount to be deposited by the Government. 5. It is further represented that the claimants have filed EP before the Land Acquisition Tribunal against 50% of the award amount to be deposited by the Government. 5. Under such circumstances, in the absence of any modification of the award passed in respect of LAOPs even after the remand by this Court and in the absence of any material to show that there is an appeal preferred against the second award passed in respect of the LAOPs mentioned above before this Court, I am of the view that there is nothing wrong in the claimants getting back their money deposited with Karur Vysya Bank, Thiruverkadu, for the issuance of bank guarantee. 6. In fine, the revisions are allowed and the orders dated 012. 2007, in unnumbered Memo in LAOP.Nos.102, 103, 107 & 108 of 1992 and LAOP.No.391 of 1993 respectively on the file of the learned Subordinate Judge, Poonamallee, are hereby set aside. The Subordinate Judge, Poonamallee, (Land Acquisition Tribunal), is directed to send letter of communication to the Manager of Karur Vysya Bank, Thiruverkadu, to permit the claimants concerned to receive their deposited amount for the issuance of bank guarantee to the credit of LAOP.Nos.102, 103, 107 & 108 of 1992 and LAOP.No.391 of 1993. Connected Miscellaneous Petitions are closed. No costs.