Benefit of additional compensation cannot be denied due to delay in passing award.

COMMON JUDGMENT:

E.PADMANABHAN, J.

The first batch of appeals have been preferred by The Tamil Nadu Electricity Board represented by its Superintending Engineer, North Madras Thermal Project, Ennore, for whose benefit vast extent of lands were acquired, in all the first batch of appeals. The appellant challenges the enhancement of compensation awarded by the learned Subordinate Judge of Tiruvallur in 152 LAOPs, while cross objectors claimed enhanced compensation in the respective appeals.

2. The second batch of appeals have been preferred by various claimants/land owners claiming enhanced compensation in addition to the compensation awarded by the learned Subordinate Judge of Tiruvallur in the respective LAOPs. The land owners have also preferred cross objections in some of the appeals preferred by the beneficiary.

3. Heard Mr.S.Rajeswaran, learned counsel appearing for the appellant/electricity Board, Mr.G.Jeremiah, Mr.Thankasamy, Mr.G.Perumal, Mr.Jagadeesh Ilango, Mr.N.R.Anantharamakrishnan, Mr.Narasimhan Babu and Mr.Sunderraman, learned counsel appearing for the respective land owners/interested parties/Cross Objectors, Mr.R.Ashokan, learned Additional Government Pleader appearing for the land acquisition officer, who supported the beneficiary.

4. In A.S. No. 992/97, the first appellant Mr.Kesavalu Reddy passed away on 1.12.2000 and appellants 2, 3 and 4, who are already on record are his legal representatives. The learned counsel for the appellant, Mr.Jermiah filed a memo stating that the remaining appellants in A.S. No.992/97, who are already on record as appellants 2 to 4 may be recorded indicating that they are on record for themselves as well as the legal representatives of the deceased first appellant. There being no objection, this Court records that appellants 2, 3 and 4 are on record for themselves as well as legal representatives of deceased first appellant.

5. In A.S. No.1009/97, Mr.Jermiah, learned counsel filed a memo to the effect that the 2nd appellant Kamalammal passed away on 5.7.2002 and her legal representatives being appellants 1 and 3 are already on record. There being no objection, as per the memo filed by the counsel for the appellant, it is recorded that they are already on record for themselves and as legal representatives for the deceased second appellant Kamalammal in the appeal.

6. In A.S. No.999/97, at the time of hearing it was mentioned that the first appellant passed away and applications have already been taken out to implead the legal representatives to set aside the abatement and to condone the delay. The learned counsel for the respondents, namely, the land acquisition officer and the beneficiary, Tamil Nadu Electricity Board represented that they have no objection for the applications being ordered. On the date of hearing the applications have not been numbered, but subsequently these applications have been numbered as C.M.P. Nos. 6900 to 6902 of 2003. Though there is a delay of 854 days in seeking to set aside the abatement caused by the death of the first appellant, we are satisfied with the sufficient cause shown and that apart, there is no objection. Hence, CMP Nos. 6900 to 6902 of 2003 are ordered as prayed for and the proposed legal representatives are impleaded as appellants 2 to 9 in the said appeal.

7. Large extent of lands in No.142, Ennore and Puzhudhivakkam villages in Ponneri Taluk were acquired for the public purpose of locating Ennore Thermal Plant. Section 4 (1) Notification dated 26.3.96 was published on 2.4.86. The land acquisition officer fixed the market value of the acquired lands and passed separate awards on different dates. At the instance of the land owners, who protested the fixation of market value as very low, reference were made under Section 18 of The Land Acquisition Act.

8. An extent of 56.08 acres of lands in Ennore village were also acquired for the purpose of locating a thermal station. Section 4 (1) Notification was issued on 6.5.86 and published in