The main legal point established in the judgment is the requirement for the Government to deposit the determined compensation amount in the Court if there are disputes as to the title to receive the amount, as per Section 22(3) of the Tamil Nadu Highways Act, 2001.

1. Heard Mr.M.Sivavarthanan, learned counsel for the petitioners and Ms.V.M.Velumani, learned Special Government Pleader appearing for the respondents.

2. Petitioners have come before this Court seeking for a direction to the 2nd respondent to disburse their share in the compensation amount for acquiring the lands in S.No.188/32 at Porur Village, measuring about 153 sq. Meters and building thereon as per the proceedings of the 2nd respondent in Na.Ka.No.40/2008 A1 dated 15.02.2012.

3. It is the case of the petitioners that they are the owners of the land in S.No.188/32 at Porur Village and the buildings built up thereon. The said land measuring about 153 sq. Meters and the building thereon was acquired by the respondents for construction of a flyover under the provisions of the Tamil Nadu Highways Act, 2001 and the 2nd respondent has also passed an award for the acquired lands by a common award, but the award amount has not been disbursed to the petitioners. According to the petitioners, the lands in S.No.188/32 (Old Survey No.188/16) at Porur Village originally belonged to one Mr.Govindaraj & Mr.Jeyaraman, sons of Kathirvelu Archagar and the aforesaid persons sold the property in favour of Mr.Sudahar Shinde, by Sale Deed dated 22.09.1973, registered as Document No.1925/1973 and thereafter, the said Sudahar Shinde and his wife Sunitha Shinde constructed shops by obtaining permission from Villivakkam Panchayat Union in D.D.I.S.No.5268/1974 dated 29.05.1974. On 11.07.1995, the said shops and land were sold to Mr.P.Arumugam, son of Pitchai Muthu Naicker in Document No.3151/1995. Thereafter, through various vendors, the petitioners purchased their share in S.No.188/32 and the shops built thereon. All the vendors of the petitioners trace their title from the said P.Arumugam and apart from the petitioners, there are three other persons, viz., (1) Selvam (2) Chinna (3) Chotty Devi, who have equal share in the lands and building in S.No.188/32.

4. For the public purpose of constructing a Flyover, the land in S.No.188/32 was sought to be acquired by the 1st respondent and Section 15(2) notice was issued under the Tamil Nadu Highways Act, 2001 (hereinafter referred to as 'the Act') on 21.08.2009 and Section 15(1) notice was published by the 1st respondent in the Government Gazette No.6 on 17.02.2010, thereby acquiring the petitioners' property. The 1st respondent appointed the 2nd respondent as the Land Acquisition Officer and the 2nd respondent conducted the Award enquiry.

5. It is further stated by the petitioner that the 2nd respondent issued notice dated 22.03.2010 under Section 19(3) of the Act and as per Section 19(5) of the Act, the 2nd respondent, by proceedings dated 14.12.2010 fixed Award enquiry on 06.01.2011 and finally, the 2nd respondent passed an award in Award No.3/2011 dated 10.03.2011 and thus determined the compensation payable to the petitioners. The 2nd respondent by proceedings vide Na.Ka.No.40/2008 A1 dated 15.02.2011 informed the petitioners that a sum of Rs.38,28,582/- has been fixed as compensation and asked them to collect the said amount by producing their title documents, Encumbrance Certificate and other documents. Pursuant to the same, the petitioners approached the 2nd respondent in the first week of March 2011 within the stipulated time and submitted their Original Title Deeds, Encumbrance Certificate, Property Tax Receipts and Electricity Bills, evidencing their title and possession to the acquired property, but, the 2nd respondent did not disburse the amount to the petitioners and insisted them to produce the revenue records.

6. The 2nd respondent has filed counter and has inter alia stated that the Government, after careful study to ease traffic congestion at Porur junction, has decided to construct a Grade Separator in the junction of Mount-Poonamallee Road and Kodambakkam-Sriperumbudur Road. The construction of Grade Separator was entrusted to Highways Department and the administrative