ORDER

[This case has been heard through video conference]

This writ petition seeks a direction to the respondents to consider the representation of the petitioner dated 08.03.2021 for payment of compensation for the lands acquired in S.NO.56/3A1B10 measuring an extent of 0.60 Sq.mt and in S.NO.56/3A1B25 measuring an extent of 0.0287 Square Meters in Arumbakkam Village Thirukoilur Taluk Kallakurichi District for widening of the state highway SH 09 Cuddalore - Chittur and for a consequential direction to the 1st respondent for disbursment of the compensation amount of Rs.7,87,925.57 paise along with interest and damages payable towards the delay in payment of the said compensation.

2. The case of the petitioner is that he is the owner of the above said lands.

The above lands were acquired by the respondents for the purpose of widening the existing Cuddalore - Chittor State Highway. After due award enquiry, compensation was also paid to the petitioner in respect of other lands and insofar as the lands in question, no compensation has been paid to the petitioner. He had made a representation to the authorities seeking compensation for the above said lands but the same has not been considered by the respondents till date. Hence, this writ petition.

3. The 1st respondent filed a detailed coutner affidavit inter alia contending that the lands in question along with other lands were acquired for upgradation of Cuddalore - Chittor State Highways at 41/700 km to 49/000 and final award was also passed on 01.08.2018. Insofar as the land measuring to an extent of 2682 square meters in S.No.56/3, it has been converted into house site layout and the plot owners did not appear for award enquiry despite due notice. Therefore, after passing the award, compensation pertaining to the land in S.No.56/3 was ordered to be kept undisbursed and deposited into the Government Account. Thereafter, a special camp was conducted on 30.11.2018 to enquire with the land owners at Thirukovilur and land owners had appeared and they were enquired. On examination of the records placed before him, the Land Acqusition Officer found that the land in S.No.56/3 and the adjacent lands in S.Nos.56/2, 56/4 have been convered into layout containing 103 plots and the layout was not approved as per rules and the plots in the layout were sold to various individuals. Further, on verificaiton of the records, the compensation was paid to 28 plot owners. Totally 2682 square meters of land were acquired in S.No.56/3 out of which 347 square meters of land were reserved for open space reservation. As per the rules,the above said lands were to be transferred to the local body for public utility on obtaining approval. The petitioner was not the owner of the land and hence, compensation was not paid to him. The respondent has not received any representation as alleged bythe petitioner seeking compensation for the land in question.

4. The learned counsel appearing for the petitioner would submit that the layout is an unapproved layout and even though certain extent of lands were earmarked for road purposes, those areas were not gifted to the local body concerned. Thus, the ownership of the land in question was not transferred and the ownership remains with the original owner. In these circumstances, the petitioner alone entitled to receive the compensation payable for the land in question. Even during the special camp, except the petitioner nobody made any claim over the compensation amount payable for the land in question. Such being the factual position, the respondents 1 and 2 refused to pay the compensation to the petitioner and kept the amount undisbursed and deposited the same into the Government Account.

5. The learned Special Government Pleader appearing for the respondents, per contra would contend that admittedly the land in question for which compensation is sought was reserved for public utility viz., f for road and public purpose and as per the provisions of The Tamil Nadu Town