No pressure on land owners for taking back the land can be exercised.

A.S.VENKATACHALAMOORTHY, J.

The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called 'Act') was issued in the year 1984, proposing to acquire 196.44 acres of land in Thathiengarpatty village and Tekkampatty village in Omalur Taluk, Salem District for the benefit of Tamilnadu Magnesite Limited (TANMAG), Salem for setting up rotary kiln for manufacture of dead burnt magnesite for installation of benefication plant and manufacture of high quality refractory bricks. After conducting an enquiry under Section 5, declaration under Section 6 was made during the year 1984-85. In fact, some of the land owners voluntarily surrendered possession even prior to Section 4(1) notification i.e., prior to 1984. Suffice to mention for the purpose of this case, process of taking possession of entire area referred supra was completed in the year 1986.

2. An award enquiry was held and the Land Acquisition Officer passed as many as ten awards viz., Award Nos.1/1986 to 9/1986 and 11/1986 fixing compensation for the said lands. The Land Acquisition Officer fixed compensation at Rs.18,000/- per acre for irrigated dry lands and Rs.15,000/- per acre for unirrigated dry lands. The compensation was also fixed by him in all cases where there are wells, structures, trees, etc. Not being satisfied with such fixation, land owners exercising their option under Section 18 of the Act, sought reference to the Court. The references were numbered as L.A.O.P.Nos.22/1992 to 26/1992, 41/1992, 7/1993 to 9/1993 and 12/1994 on the file of Sub Court, Salem. The learned Principal Sub Judge, Salem, after elaborately considering case of respective parties, disposed of the said original petitions by a common order in and by which fixed the compensation at Rs.1,75,000/- per acre uniformly. Aggrieved by such order of the learned Principal Subordinate Judge, Salem, the Land Acquisition Officer, viz., Tahsildar TANMAG preferred appeals before this Court in A.S.Nos.134 to 140 of 1997. Along with the appeals, petitions for stay of the Judgment of the reference Court were also filed (i.e.) C.M.P.Nos.1665 to 1674 of 1997. A learned single Judge of this Court granted stay on condition that the appellants in the appeal shall deposit 50% of the enhanced compensation. The Court also permitted the Claimants/Land Owners to withdraw 50% of the amount out of the said deposit with security and the remaining 50% of the amounts without security. The appellants, being aggrieved by the said order, moved the Division Bench of this Court by filing L.P.A.Nos.178 to 187 of 1997. By an order dated 10.12.1997, the Division Bench of this Court extended time for deposit of 50% of the amount by 30 days without granting stay of the order of the learned single Judge. As against the said order, the appellants filed SLP Nos.147 to 158 of 1998 on the file of Supreme Court of India. The Supreme Court passed final orders directing early disposal of the appeals A.S.134 to 147 of 1994 and till then disbursement of the amounts awarded to the Claimants was stayed. On 31.1.1998, the TANMAG deposited a sum of Rs.2 Crore 60 Lakhs being a portion of the compensation. Subsequently on 3.3.2998, a further sum of rupees one crore was deposited. The appeals A.S.134 to 143 of 1994 were heard by a Division Bench of this Court and the market value of the lands acquired was fixed at Rs.75,000/- per acre by the Judgment dated 23.1.2001. Being aggrieved by the said Judgment, the appellants filed SLP No.11744 to 11753 of 2001 before the Supreme Court of India, but however, the same were dismissed on 30.7.2001. It is stated that the respondents/land owners have also filed SLP claiming enhanced compensation, but however the learned counsel for the land owners is not in a position to say whether the said petitions are pending or already disposed of.

3. In November, 2001, applications viz., I.A.102 to 111 of 2001 in L.A.O.P.22 of 1992 etc (other LAOP numbers already furnished supra) under Order