High Court of Judicature at Madras
S. MANIKUMAR, J.
Abbas T. Vagh & Others
Versus
The Competent Authority & Spl. Revenue Officer (LA) Kanchipuram & Another
W.P. No. 30548 of 2013
Decided On : 03-12-2013
1. The moot question raised in this writ petition is whether the landowners or persons interested, are entitled to interest on the compensation amount determined by the competent authority, when there is a delay on the part of the competent authority, in depositing the amount, in the Court, on account of rival claims to the amount determined. In subsance, the Court is also called upon to address the issue as to whether the landowners or the persons interested are entitled to interest on the amount determined, till the payment is made.
2. Short facts leading to the writ petition, are as follows:
The petitioners have purchased lands, in Survey Nos.1425/1(part), 1425/2(part) and 1426, measuring an extent of 4 Acres and 78 Cents, together with a common right of passage, to an extent of 2587 Sq.Mts., from M/s.Nagappa Industrial Trading Corporation, represented by Mr.M.N.Arunachalam Chettiar, by way of registered sale deeds, dated 18.11.1989, in Document Nos.4666 to 4675 of 1989 respectively, registered on the file of Sub-Registrar Office, Sembium. While the petitioners were enjoying the property, along with the right of common passage, the said property was acquired for the expansion of the National Highways, under National Highways Act, 1956.
3. The Competent Authority and Special District Revenue Officer (Land Acquisition), National Highways Schemes, Kanchipuram & Thiruvallur Districts, at Kanchipuram, 1st respondent herein, has conducted an enquiry, for the acquisition of the lands and the petitioners claimed compensation jointly, in respect of both the lands and common passage. The 1st respondent has determined the compensation for the entire extent, but disbursed the amount, only in respect of lands, apportioning the amount, to the individuals. In respect of the compensation amount determined for the common passage, one Mr.K.Mathiaharan, made a claim, as if, he had purchased the common passage to an extent of 15 grounds (1321 Sq.Ft.,) in respect of Survey Nos.1425/1(part), 1425/2(part) and 1427 (part) from M.N.Arunachalam Chettiar. On verification from the documents filed by the said K.Mathiaharan, the 1st respondent herein, held that the documents relied upon by the said K.Mathiaharan are not valid, as the passage could not be reconveyed by the said M.N.Arunachalam Chettiar, after having sold the same, as a common passage to the petitioners. The original vendor, M.N.Arunachalam Chettiar, himself made a claim to the 1st respondent on 18.03.2007.
4. The Competent Authority and Special District Revenue Officer (Land Acquisition), National Highways Schemes, Kanchipuram & Thiruvallur Districts, at Kanchipuram, 1st respondent, has decided to deposit the amount determined in respect of the common passage, vide proceedings in Rc.No.134/2006-A/TVR, dated 26.04.2007. A sum of Rs.2,14,30,967/- has been determined as compensation, in respect of the common passage and the said amount has been deposited on 26.04.2007, in the Nationalised Bank, viz., Indian Overseas Bank, Meenambakkam Branch, in the Joint Account of Competent Authority and Special District Revenue Officer (Land Acquisition), National Highways Schemes, Kanchipuram & Thiruvallur Districts, at Kanchipuram, 1st respondent and the Project Director, National Highways Authority of India, Chennai, 2nd respondent herein. But the matter was not referred to the Civil Court, till June' 2011. Therefore, the petitioners were constrained to file W.P.No.16541 of 2011 and pursuant to the directions of this Court, the dispute was referred to the Principal Sub Court, Ponneri in L.A.O.P.No.156 of 2011. The said amount alone has been deposited in the Civil Court on 02.08.2011. The accrued interest on the amount, was not deposited.
5. The Learned Principal Sub Court, Ponneri, vide judgment and decree, dated 19.02.2013, in L.A.O.P.No.156 of 2011, decided that the petitioners alone are entitled to receive the amount of Rs.2,14,30,967/-, deposited in Court and both M.N.Arunachalam Chettiar and K
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