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2019 DIGILAW 1341 (MAD)

VEEYEL Enterprises, Engineering Contractors, Represented by its Partner SP. Lakshmanan, Nazerethpet, Chennai v. National Highways Authority, Government of India, Dwaraka, New Delhi

2019-04-29

D.KRISHNAKUMAR

body2019
JUDGMENT : (Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to pay the compensation amount of Rs.12,96,701/- awarded by the 4th respondent, vide Award dated 24.06.2004 bearing Rc.No.296/2001A/NH-4/TVR along with interest @ 9% p.a.) The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to pay the compensation amount of Rs.12,96,701/- awarded by the 4th respondent, vide Award dated 24.06.2004 bearing Rc.No.296/2001A/ NH-4/TVR along with interest @ 9% p.a. 2. According to the petitioner, by Notification published in the Gazette of India, the 4th respondent proclaimed for acquiring lands for the purpose of widening National Highways including the petitioner’s land measuring an extent of 2514 sq.mt., in S.No.13/3B, in 47, Nazerethpet Village, Poonamallee Taluk. The petitioner filed a detailed objections, but, they were rejected and the land was acquired by the Department and an Award was passed by the 4th respondent on 24.06.2004 vide Rc.No.296/2001A/NH-4/TVR and the 4th respondent had passed the Award for a sum of Rs.12,96,701/- as compensation. Since the said award amount was not paid to the petitioner, the petitioner had earlier filed a Writ Petition in W.P.No.22097 of 2008. 3. This Court, by an order dated 20.10.2008, in the above referred W.P.No.22097 of 2008, directed the authorities concerned to disburse the award amount within a period of three weeks from the date of receipt of the said order. Pursuant to the order of this Court, the compensation was not paid to the petitioner even after a lapse of two years from the date of the order. Hence, the petitioner made a representation on 25.08.2010 to the authorities concerned, requesting for payment of compensation, without any further delay. 4. Upon receipt of letter, the 4th respondent, vide letter dated 30.08.2010, directed the petitioner to produce documents relating to the ownership of the land to enable the authorities to pay the compensation amount. Upon the receipt of the letter dated 30.08.2010 from the 4th respondent, the petitioner submitted all the relevant records on 17.09.2010 before the 4th respondent. Even after producing all the relevant documents, the compensation amount was not paid to the petitioner by the 1st and 2nd respondent. Upon the receipt of the letter dated 30.08.2010 from the 4th respondent, the petitioner submitted all the relevant records on 17.09.2010 before the 4th respondent. Even after producing all the relevant documents, the compensation amount was not paid to the petitioner by the 1st and 2nd respondent. Therefore, the petitioner has filed the instant Writ Petition before this Court claiming the compensation amount for a sum of Rs.12,96,701/-. 5. The learned Additional Advocate General appearing for the respondents submitted that the said Award was passed in the year 2004. The respondents are the Competent Authority and Special District Revenue Officer (LA), National Highways, Kancheepuram, for the lands under acquisition for NH 4 Scheme, NH 45 Scheme, NH4 Six laning Scheme, Chennai Byepass Scheme for widening NH4, Bangalore Chennai Express Road Scheme and New L.A.Scheme for Chennai Salem Green Field Corridor and Mahabalipuram Puducherry Corridor Scheme. Award has been passed in favour of the land owners. The Special District Revenue Officer (L.A), National Highways Scheme, Kancheepuram and Tiruvallur District at Kancheepuram, has furnished the details in the counter, wherein, Name of the Scheme, Total compensation amount, disbursement, balance amount to be disbursed are given as follows:- S.No. Name of the Scheme Total Compensation Disbursement Balance to be disbursed Amount as per Award Amount Persons Amount Persons Amount Persons 1 NH - 4 54043038 1489 48522250 891 5520788 598 2 NH - 45 1134003374 172 1124054087 117 9949287 55 3 NH- 4 Six laning 3149879857 237 3002262456 188 147617401 49 4 Chennai Bypass 724661140 297 695511170 284 29149970 13 5 Bangalore - Chennai Express Way 6564245074 1255 4152226806 714 2412018268 555 11626832483 3450 9022576769 2194 2604255714 1270 6. The learned Additional Advocate General further submitted that the reasons for non-disbursement of compensation is not on the fault of the 4th respondent, but, the above land owners have not submitted documentary evidences to prove their ownership beyond doubt and apportionment of their ownership. She further submitted that pursuant to the notice issued by the respondent authority, the petitioners have not appeared for the enquiry and therefore, the respondent authority is not in a position to verify the genuineness of the documents. Therefore, the delay is caused only by the petitioner and there is no willful default on the part of the respondents to settle the compensation amount. 7. Therefore, the delay is caused only by the petitioner and there is no willful default on the part of the respondents to settle the compensation amount. 7. It is further submitted that the 4th respondent was overburdened with land acquisition works by new schemes like Bangalore-Chennai Expressway, Chennai-Salem Green Filed Corridor, Mamallapuram Puducherry Corridor land acquisition works along with other land acquisition works scheme. Hence, on request from the office of the 4th respondent, the Government issued G.O.Ms.No.24, Highways and Minor Ports (HV1) Department, dated 06.02.2019, and relieved the 4th respondent from the land acquisition works relating to NH4 and NH45 relating to Tiruvallur District and entrusted these works with the Special District Revenue Officer (L.A., N.H., Tiruvallur along with the field special staff consisting of Special Tahsildar (L.A.), NH, Poonamallee, under his control. This Special Tahsildar (L.A), N.H., Poonamallee, who maintains all the files and records relating to land acquisition works in Tiruvallur District, is now under the control of Special District Revenue Officer (L.A), N.H., Tiruvallur. Further, it is submitted that it has been ascertained from the office of the Special District Revenue Officer (L.A). N.H., Thiruvallur, that necessary action has been taken by applying allocation of funds for making payment of compensation to the petitioner within reasonable time. 8. Before this court, an affidavit has been filed by the Special District Revenue Officer (LA), National Highways, Tiruvallur. In the aforesaid affidavit, it is stated that the then Competent Authority & Special District Revenue Officer, National Highways, Kancheepuram, has handed over the files on 25.04.2019. On receipt of the above files, immediately, the Special District Revenue Officer (L.A), National Highways, Tiruvallur, sent a request letter to the General Manager & Project Implementation Unit, Chennai, for release the award amount of Rs.12,96,701/- for making payment to the petitioner vide office Rc.No.159/2019/NH-4, dated 25.04.2019. On receipt of amount from the General Manager and Project Director, NHAI, Chennai, the amount will be disbursed to the petitioner on production of relevant documents and after verifying the genuineness of the said documents. The General Manager and Project Director, NHAI, Chennai, has requested four weeks time to release the amount to the petitioner. 9. In the counter affidavit filed by the Special District Revenue Officer, Tiruvallur and Special District Revenue Officer, Kancheepuram, it is stated that they are the competent authorities to disburse the compensation amount to the petitioner. The General Manager and Project Director, NHAI, Chennai, has requested four weeks time to release the amount to the petitioner. 9. In the counter affidavit filed by the Special District Revenue Officer, Tiruvallur and Special District Revenue Officer, Kancheepuram, it is stated that they are the competent authorities to disburse the compensation amount to the petitioner. Therefore, they have agreed to pay the amount within a period of four weeks. 10. On an analysis of the background of the case, it is apparent that Award was passed by the respondent authority on 24.06.2004 and the compensation was determined by the respondents for Rs.12,96,701/- on 24.06.2004. The petitioner had approached this Court by way of filing Writ Petition in W.P.No.22097 of 2008 and this court, as early as on 20.10.2008, by its order, had allowed the Writ Petition and observed as follows:- 5. But, it is an admitted fact that the award was passed on 24.06.2004. That apart, as rightly contended by the learned Additional Advocate General, the area which has been acquired from the petitioner and the amount to be paid to the petitioner are mentioned in the award and it is also not disputed. But, basing on the subsequent letter furnished by the Special District Revenue Officer, the petitioner is making this claim. When it is the stand of the learned Additional Advocate General that already the award amount was forwarded to the petitioner by way of a cheque and that was returned and also when the fact of passing of the award was not disputed, the relief sought with regard to determination of the area and also the method adopted in acquiring lands, cannot be considered now. That apart, basing on the orders of this Court, this request of the petitioner was considered and orders were also passed, consequently, I am of the considered view that this request of the petitioner cannot be considered repeatedly. However, since the award amount has not been paid to the petitioner, the respondents are directed to disburse the award amount to the petitioner within a period of three weeks from the date of receipt of a copy of this order.” 11. On the directions of this court, the petitioner approached the 4th respondent on 25.08.2010. However, since the award amount has not been paid to the petitioner, the respondents are directed to disburse the award amount to the petitioner within a period of three weeks from the date of receipt of a copy of this order.” 11. On the directions of this court, the petitioner approached the 4th respondent on 25.08.2010. Subsequent to the order of this court and the petitioner’s approach, notice has been sent to the petitioner on 30.08.2010 and directed him to appear before the respondents. According to the petitioner, he appeared before the respondents and satisfied the authorities by producing necessary documents. Again, the Petitioner preferred several representations to the respondents, claiming the compensation. 12. Taking into consideration the facts put forth by the petitioner, Award was passed in the year 2004, however, even thereafter, the respondent authority, unnecessarily delayed the payment for the last 14 years and the petitioner who had lost his valuable land in view of the acquisition of the land by the Department, was driven from pillar to post to seek his due compensation. However, due to lethargic attitude and inaction on the part of the respondents, the Petitioner was put to serious mental suffering as he could not see the light of the day by getting his compensation for the last 14 years. Hence, at this stage, the petitioner had once again approached this Court for payment of compensation. 13. Despite the order of this Court dated 20.10.2008 directing the respondents to pay the said compensation to the petitioner within a period of three weeks from the date of receipt of the order, the 4th respondent has not bothered to respect the order of this Court. The said act of the 4th respondent in not giving respect to this Court and failed to comply with the directions issued, is very shocking. If the respondent authorities was really having any difficulty in respect of verifying the genuineness or veracity of the documents and in disbursing the compensation amount, the concerned authority would have sought for further direction from this Court. Once, the Government itself has sanctioned the amount in respect of acquired lands, it is for the competent authority to disburse the said amount, after following due formalities, without delay. 14. Once, the Government itself has sanctioned the amount in respect of acquired lands, it is for the competent authority to disburse the said amount, after following due formalities, without delay. 14. The Petitioner herein has been driven to approach the authorities concerned for several times and now, fighting before this Court and the Petitioner’s struggle to get his compensation, continues. It is the bounden duty of the authorities, to settle the compensation amount to all the claimants. Therefore, considering the entire facts and circumstances of the case and the plight of the petitioner, who is undergoing series of pulls and pressures at the hands of the respondents, and also taking into consideration the fact that a large number of claimants have not been settled their compensation amounts, this court feels that it is really a shock and surprise that the authorities who had issued the notification, had not acted with diligence till today. 15. The matter came up before this court for the last six occasions, and this Court directed the learned Additional Advocate General to furnish all the particulars as regards the balance amount due to the claimants. 16. According to the Special District Revenue Officer, Tiruvallur, now, they have received the particulars and agreed to pay the compensation to the petitioner within the period as mentioned in their affidavit. As on today, according to them, 1014 compensation claims are pending, which reads as follows:- Sr. No. Scheme Award passed payment details Reason for pending 1. National Highways - 205 Alamelumangapuran to Thiruninravur (39 Villages) No of Compensation disbursed cases No of Compensation Pending cases Pending of Compensation is due to the fact that the Land Owners failed to turn up for receiving compensation amount. 3081 1014 2. National Highways 716 B Chittoor -Thachur (28 Villages) Newly formed scheme. Under process stage 3 National Highways Chennai Port to Maduravoyal elevated corridor Project Newly formed scheme. Under process stage. 4 National HighwaysNH - 4 NH -5 As per GO Ms.No.24, Highways and Minor Ports (HV1) Department Dated 06.02.2019. The NH 4 & NH 5 are attached with Special District Revenue Officer (LA - NH) Tiruvallur.The Project Director/National Highways Authority. PIU, Chennai has addressed the Special DIstrict Revenue Officer Kancheepuram (LA) NH to hand over the files of NH 4 & NH 5 to the Office of Special District Revenue Officer (LA) NH Tiruvallur vide Lr.No.NHAI/18011/127.A.1/PIU/Chennai/534 dt:13.02.2019. The NH 4 & NH 5 are attached with Special District Revenue Officer (LA - NH) Tiruvallur.The Project Director/National Highways Authority. PIU, Chennai has addressed the Special DIstrict Revenue Officer Kancheepuram (LA) NH to hand over the files of NH 4 & NH 5 to the Office of Special District Revenue Officer (LA) NH Tiruvallur vide Lr.No.NHAI/18011/127.A.1/PIU/Chennai/534 dt:13.02.2019. The Competent Authority & Special District Revenue Officer, Kancheepuram has dealt with files and records so far and the files were not properly handed over to this office till date. The Competent Authority and Land Acquisition Officer, Tiruvallur has also addressed to the Special District Revenue Officer (LA) Kancheepuram, to hand over the files vide D.O.Lr.No.108/2019/A1, dated 11.04.2019 and copy marked to the Secretary to Government, Highways Department, Chennai. Furthermore I have addressed to The Secretary to Government, Highways Department vide this Office letter No.108/2019/A1, dated 15.04.2019. On the issue of NH-4 & NH - 5 in which files so far handled for not handed over properly by Special District Revenue Officer, Kancheepuram (LA) NH to Special District Revenue Officer (LA) NH, Tiruvallur tilll date. At this juncture, I submit that since one file connected to VEEYEL Enterprises vide Rc.No.296/2004/NH 4/TVR, dt:24.06.2004 was handed over on 25.04.2019 for the writ petition W.P.No.4280/2019. And other connected records and the Land Acquisition files and cheque books pertaining to NH 4 & NH 5 were not handed over to this office. Hence, I further submit that details regarding land acquisition, Award passed disbursal of compensation amount and pending compensation will be submitted after taking over the connected records, files and cheque books & Bank Passbooks from Tmt.K.Narmadha Special District Revenue Officer (LA) NH Kancheepuram 17. The Special District Revenue Officer, Tiruvallur, has also furnished the details and the same is enclosed along with this order as separate annexure. 18. To the questions raised by this court for the inordinate delay in settling the compensation claims, the respondent authority has given the reason stating that the land owners have not submitted the documentary evidences to prove their ownership. But, now the authorities has given an undertaking before this Court that they are taking steps to disburse the compensation amount to the claimants on verification of the ownership and thus praying for six months time to disburse the amount to the rightful owners. 19. But, now the authorities has given an undertaking before this Court that they are taking steps to disburse the compensation amount to the claimants on verification of the ownership and thus praying for six months time to disburse the amount to the rightful owners. 19. Taking note of the counter affidavit filed by the 4th respondent and also the submissions made by the learned Additional Advocate General before this Court, who had also agreed to the suggestions made by this Court, this court is inclined to issue a specific instruction to the authorities concerned, to disburse the compensation amount within a stipulated time. Accordingly, this Court deems it fit to appropriate to pass the following order:- (1) The 4th respondent is directed to prepare entire list of the claimants, within a period of three weeks from the date of receipt of a copy of this order. After collection of the details of the claimants, the 4th respondent shall serve notice to the claimants forthwith, asking them to produce the documents for verification. (2) On production of the said documents, the 4th respondent is directed to disburse the said amount through ECS to the genuine claimants immediately. (3) It is for the respondents to approach the Requisition Body to seek for sanction of funds without any delay, preferably, within one month time, since, already, considerable time elapsed. In this connection, the State Government as well as the 4th respondent have to ask the Requisition Body, to deposit the said amount to the 4th respondent. On receipt of the said amount, the 4th respondent shall disburse the same to the claimants along with statutory interest @ 9% per annum, within a period of one month, thereafter. (4) It is represented that there is outstanding due amount to a large number of claimants who had to receive the compensation. Therefore, this Court suggest that a Committee shall be constituted consisting of District Collector of the Districts viz., Kancheepuram and Tiruvallur and the Director of the Tamil Nadu Medication and Conciliation Centre, High Court of Madras, as members and they shall monitor the work of the 4th respondent every month and the report by the said Committee shall be submitted to the Government and the Director of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, shall furnish the said report before this court. (5) If there is any dispute in settling the compensation amount to the parties concerned, the Director of the Mediation Centre shall refer the said issue to the Mediators for amicable settlement. If there is no settlement arrived at between the parties, the 4th respondent shall proceed with the matter, as per the provisions of the Act. (6) The 4th respondent has to complete the above said exercise, within a period of six months from the date of receipt of a copy of this order. (7) Thereafter, if there is any delay on the part of the 4th respondent, the interest amount shall be recovered from the officers and other staff, who are responsible for the delay. (8) Taking into consideration the petitioner’s case, who approached this court earlier and obtained orders from this court, but made to suffer for 14 years without compensation, this court directs the 4th respondent, to pay a sum of Rs.20,000/- to the petitioner, within a period of three weeks from the date of receipt of a copy of this order. It is made clear that the aforesaid recovery shall be initiated on the officers, who are responsible for the delay in settling the compensation from the year 2004 to December, 2018. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. The affidavit filed by the 4th respondent dated 29.04.2019, shall form part of the order. Post this matter after six (6) months under the caption “for reporting compliance.