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2018 Supreme(Mad) 2411
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K. SASIDHARAN, R. SUBRAMANIAN, JJ.
The District Collector Vellore & Anr. - Appellants
Versus
V. Lalitha - Respondent
W.A. No. 1430 of 2018
Decided On : 24-07-2018
Advocate Appeared:
For the Appellants : Mr. P.H. Aravind Pandian, Mr. N. Manikandan
For the Respondent: Mr. Sanjeev Kumar K.V., for M/s. Royal Law Associates
The right to receive compensation for depriving ownership and possession of property is a basic right of the landowner, and delays in compensation should be avoided.
Headnote:
Land Acquisition - Delay in Compensation - Land Acquisition Act - Section 18 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - [SUMMARY OF ACTS AND SECTIONS REFERENCED]
Fact of the Case:
The Government of Tamil Nadu acquired land in 1996, but the landowner had to spend considerable time and money for litigation to receive compensation. The court directed the District Collector to pay the compensation with interest, resulting in payment 22 years after the acquisition.
Finding of the Court:
The court found that the State delayed the compensation, and the landowner's right to receive compensation is a basic right. The court also noted the unreasonable stand taken by the State and the need to avoid such delays in the future.
Issues: Delay in compensation, right to fair compensation, unreasonable stand of the State, intervention of the court
Ratio Decidendi: The court held that the delay in compensation was unjustified, and the landowner's right to receive compensation is a basic right. The court also emphasized the need to avoid such delays in the future.
Final Decision: The court disposed of the appeal, directing the District Collector to pay the entire compensation to the landowner and commending the efforts of the District Collector. No costs were awarded.
K.K. Sasidharan, J.
Introduction:
The mighty State used to acquire the land with a promise to pay compensation to the landowners immediately, after passing the award. The poor landowners, with a fond hope that they would receive the market value with solatium and interest for the acquired land, would handover possession without any kind of protest. The intra court appeal before us indicates that these are all empty promises and the landowners have to spend considerable amount of time and money for litigation, spread over several years, to enjoy the fruits of the award determining compensation. In the subject case, the landowner is still in court claiming compensation for the land acquired by notification dated 3 April 1996. It was only when we directed the District Collector, Vellore, to pay the compensation amount with interest by 16 July 2018, failing which, he must appear in person before us on 17 July 2018, that the State machinery moved, resulting in paying a sum of Rs.30,53,095/- on 20 July 2018 to the landowner, a senior citizen, 22 years after the acquisition.
The facts:
2. The Government of Tamil Nadu acquired 2.84 acres of land owned by the respondent in S.No.105/3, Valayampattu Village, Vellore District, for distributing house sites to the Adi Dravidars, as per notification dated 3 April 1996. The award determining compensation was passed on 27 March 1997, fixing the total compensation at Rs.3,32,412/-. The matter was referred to the Civil Court under Section 18 of the Land Acquisition Act for re-determination. The Reference Court by award dated 30 April 1999, refixed the compensation at Rs.7,33,989/-. Though the amount fixed by the Land Acquisition Officer was paid to the respondent, the enhanced amount remain unpaid on the ground that the State is contemplating to file an appeal before the High Court.
3. The respondent filed execution petition No.103/1999 to execute the award in LAOP No.3/1997. The Executing Court attached the movables belonging to the Special Tahsildar. Since it was valued only at Rs.15,500/-, the respondent could not execute the award in its entirety.
4. The respondent left with no other remedy, filed a Writ Petition before this Court for issuance of a Writ of Mandamus, directing the State to pay compensation awarded by the Sub Court, Thirupattur. The Writ Petition was allowed by the learned Single Judge by order dated 12 August 2009 in W.P. No. 13341/2009. Feeling aggrieved, the District Collector, Vellore, filed this intra court appeal, after nine years.
Subsequent events:
5. When the intra court appeal came up for admission on 10 July 2018, considering the plight of a landlady, who parted with her valuable land in 1996, we passed the following order.
It is a matter of concern that the landowner whose land was acquired by notification dated 21 July 1997 is still wandering in the corridors of this Court seeking compensation. The mightly State is dragging the claimant from pillar to post on technicalities.
2. We direct the District Collector, Vellore, to pay the entire compensation awarded by the reference Court with interest by 16 July 2018, failing which, he shall appear in person on 17 July 2018.
6. The District Collector, Vellore, thereafter filed an affidavit to the effect that the Land Acquisition Officer has already deposited a sum of Rs.12,24,504/- before the Reference Court and undertook to pay the remaining amount to the respondent. However, we made it clear to the learned Additional Advocate General, who appeared for the District Collector, that it was only to cause further delay in the matter, and to drag the landlady from pillar to post, the amount was deposited before the Reference Court without any justifiable reason and as such we would not agree to any thing short of paying the entire compensation of Rs.30,53,095/- to the landlady directly. In view of the stand taken by this Court, the District Collector agreed to pay the entire amount to the respondent directly and filed an unde
