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2013 DIGILAW 4003 (MAD)

M. Thiagarajan v. Collector, Vellore

2013-11-26

S.MANIKUMAR

body2013
JUDGMENT 1. The petitioner/Mr.M.Thiagarajan and one Mr.M.Balakrishnan are brothers. Lands, measuring an extent of 900 sq.mtrs. in Survey No.222/1, 1150 sq.mtrs. in Survey No.223/1A, 400 sq.mtrs. in Survey No.366/1B and 1500 sq.mtrs. in Survey No.367/2, situated at Vannivedu Village, Walajah Taluk, Vellore District, have been acquired for four laning of National Highways-46 between Krishnagiri and Ranipet Section(K.M.127/450 to K.M.139/950). After issuing notices to the land owners, an award in reference No.RC.G5/20354/2002, dated 27.11.2012, has been passed covering the above said lands also. As per the award, the abovesaid lands have been registered in the name of Mr.M.Balakrishnan and Mr.M.Thiagarajan / writ petitioner, sons of Manicka Naicker, in joint patta No.1007. In the above said lands, there is also a well. As per the version of the petitioner, the Special Tahsildar, Land Acquisition-National Highways, Vellore / third respondent herein, after determining the compensation under Section 3G(1) of the National Highways Act, 1956, has fixed the compensation of lands, as hereunder: Survey No. Extent of land (sq.mtrs) Amount (Rs.) 222/1 900 14004 223/1A 1150 10958 366/1B 400 4871 367/2 1500 18265 Total 48098 A total compensation of Rs.1,96,361/- has been fixed, including the well and shed, by the third respondent. 2. It is the case of the petitioner that both the land owners are entitled to equal compensation. But, however, 50% of the amount stated supra has not been disbursed to the petitioner. When an application under the Right to Information Act, 2005, was made for not disbursing the compensation payable, the third respondent has informed the petitioner that his brother – Mr.M.Balakrishnan has filed a suit in O.S.No.94 of 1999 on the file of the District Munsiff Court, Wallajah, and therefore, it was decided to deposit the amount in Court. However, the said amount has not been deposited so far. Since the reason for not disbursing the compensation amount was due to institution of a suit by his brother M.Balakrishnan, the petitioner made enquiries, whereby, he came to know that the suit in O.S.No.94 of 1999 has been dismissed for default by order dated 05.02.2010 and it has not been restored even today. Thereafter, the petitioner has made continuous representations. Since the reason for not disbursing the compensation amount was due to institution of a suit by his brother M.Balakrishnan, the petitioner made enquiries, whereby, he came to know that the suit in O.S.No.94 of 1999 has been dismissed for default by order dated 05.02.2010 and it has not been restored even today. Thereafter, the petitioner has made continuous representations. Though the petitioner has appeared in person and produced all the documents, establishing that he has half share in the properties acquired by the respondents and requested the third respondent to disburse 50% of the compensation amount together with interest at 21% per annum from the date of acquisition of lands till the date of payment, there was no response. Hence, the petitioner is constrained to file the present writ petitioner seeking for a direction to the respondents to pay 50% of the compensation amount awarded for acquisition of lands, comprised in Survey Nos.366/1B, 367/2 (with well and shed), 222/1 and 223/1A of Vannivedu Village, Walajah Taluk, Vellore District, to him, together with interest at the rate of 18% per annum, from the date of acquisition, till the date of payment. 3. As the matter pertain to non-payment of compensation by the respondents 2 and 3, when the matter came for hearing on 13.11.2013, the petitioner was permitted to file an application for impleading the National Highways Authority of India (NHAI), Vellore. Accordingly, the said authority was impleaded, by order dated 21.11.2013, passed in M.P.No.1 of 2013 in W.P.No.30561 of 2013. Thereafter, on instructions, Mr.R.Vijayakumar, learned Additional Government Pleader, submitted that, during the award enquiry, one Mr.M.Balakrishnan, brother of writ petitioner, has deposed that he has filed a suit in O.S.No.94 of 1999 on the file of the District Munsiff Court, Wallajah, and requested the authorities not to disburse the compensation either to him or to his brother/writ petitioner herein and hence, it was decided to withhold the payment of compensation amount. Learned Additional Government Pleader further submitted that, subsequently, the writ petitioner submitted a petition dated 29.03.2010 stating that the suit in O.S.No.94 of 1999 on the file of District Munsiff Court, Wallajah, has been dismissed for default on 05.02.2010 and requested to disburse the compensation amount in equal share to him and to his brother-M.Balakrishnan. 4. Learned Additional Government Pleader further submitted that, subsequently, the writ petitioner submitted a petition dated 29.03.2010 stating that the suit in O.S.No.94 of 1999 on the file of District Munsiff Court, Wallajah, has been dismissed for default on 05.02.2010 and requested to disburse the compensation amount in equal share to him and to his brother-M.Balakrishnan. 4. Learned Additional Government Pleader further submitted that on receipt of a copy of the judgment, a memo was sent in proceedings No.Rc.G5/20354/2002, dated 25.10.2012, to both the writ petitioner and his brother-M.Balakrishnan. Though the said memo was served to both brothers, through Village Administrative Officer, Vannivedu, the petitioner alone attended the enquiry and his brother-M.Balakrishnan did not attend enquiry. In the above said circumstances, award proceedings, in reference No.RC.G5/20354/2002, dated 27.11.2012, has been passed by the District Revenue Officer, Vellore, determining the eligibility of the petitioner to receive half share of the total compensation i.e. Rs.9,0619/-. Though the abovesaid authority has passed an award determining entitlement of writ petitioner and his brother in equal proportion, the said amount has not been paid so far. 5. When the matter came up for hearing on 22.11.2013, Mr.S.Prasanna, learned counsel representing for the fourth respondent, submitted that certain clarifications have been sought for from the Special District Revenue Officer, Vellore, over the quantum of compensation determined by him under Section 3G(1) of National Highways Act, 1956, and that it is yet to be received from the latter. According to him, the quantum of compensation determined in the above said proceedings dated 27.11.2012, was excessive, than the one passed earlier. Mr.R.Vijayakumar, learned Additional Government Pleader, submitted that whatever the clarifications sought for by the fourth respondent-NHAI, the same have been sent. However, both learned counsel for respondents submitted that inter-se dispute regarding the determination of the quantum of compensation payable to the land owners would be settled and taking note of both the writ petitioner and his brother-M.Balakrishnan, equal compensation amount would be paid. Learned counsel for the fourth respondent submitted that, after considering the clarifications, which is yet to be received from the respondents 2 and 3, the matter would be examined and after final determination of quantum of compensation, disbursement would be made within two months. 6. Learned counsel for the fourth respondent submitted that, after considering the clarifications, which is yet to be received from the respondents 2 and 3, the matter would be examined and after final determination of quantum of compensation, disbursement would be made within two months. 6. Learned counsel for the petitioner reiterated that even as on today, the status of dismissal of the suit dated 05.02.2010 is the same and therefore, there is no impediment in disbursement of compensation of Rs.1,81,239/-, already determined under Section 3G(1) of the National Highways Act. It is pertinent to note that the said Balakrishnan, brother of the writ petitioner, has not been impleaded as a party respondent in this writ petition. However, from the award, it could be seen that though he was served with a memo in Rc.No.G5/20354/02, dated 25.10.2012, with a direction to appear before the competent authority on 29.10.2012, he has failed to appear and therefore, based on the joint patta No.1007, the Competent Authority has determined the compensation amount of Rs.1,81,239/- to be disbursed in equal share to the writ petitioner and his brother-M.Balakrishnan. 7. In the light of the above submissions, there shall be a direction to the respondents 2 and 4 to disburse the compensation due and payable to the petitioner within a period of two months from the date of receipt of a copy of this order. On the aspect of payment of interest at the rate of 18% per annum from the date of acquisition till the date of payment, objection has been raised by the learned counsel for fourth respondent-NHAI, contending that there is no provision for payment of interest under the National Highways Act, 1956. However, the petitioner is permitted to raise the said issue before the Special District Revenue Officer, Land Acquisition-National Highways, Vellore / Competent Authority, and to the fourth respondent. The respondents are directed to complete the said exercise within a period of two months from the date of receipt of a copy of this order. In the above terms, the writ petition is disposed of. No Costs.