Landowners entitled to RFCTLARR 2013 compensation for non-disbursed 1980s award and utilized unacquired land.

Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the respondents to determine the compensation for the petitioner lands in S.No. 44/2 (Part) Sub- divided as T.S.No. 44/8 admeasuring 2 grounds and 0150 sq.ft. in Puliyur Village Egmore, Nungambakkam Taluk in accordance with the provisions of Right to Fair Compensation Act, 2013 and to further direct the respondents to initiate Land Acquisition proceedings under the Right to Fair Compensation Act 2013, for lands in S.No. 44/2 (Part), Sub-divided as T.S.No. 44/8 in Puliyur Village, Egmore - Nungambakkam Taluk measuring 1513 sq.ft.

(PRAYER AMENDED VIDE ORDER DT 28.09.2021 MADE IN WMP.20025/2021 IN WP.22840/2019)

For Petitioners: Ms.T.Jayanthi For Respondents: Mr.C.Gowthamaraj (R1,R2,R3,R5 to R8)

Government Advocate Mr.R.Thamaraiselvan (R4)

Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondents to determine the compensation for the petitioner lands in S.No. 44/2 (Part) Sub- divided as T.S.No. 44/8 admeasuring 2 grounds and 0150 sq.ft. in Puliyur Village Egmore, Nungambakkam Taluk in accordance with the provisions of Right to Fair Compensation Act, 2013 and to further direct the respondents to initiate Land Acquisition proceedings under the Right to Fair Compensation Act 2013, for lands in S.No. 44/2 (Part), Sub-divided as T.S.No. 44/8 in Puliyur Village, Egmore - Nungambakkam Taluk measuring 1513 sq.ft.

2. The learned counsel appearing for the petitioners would submit that petitioners are the owners of the subject property and the lands to an extent of 2 grounds 1663 Sq.ft. were acquired by the 5th respondent in the year1986 itself and possession was taken over and drainage was also constructed. Further, she would submit that Award was passed in No.1 of 1998 on 04.02.1988, in fixing the compensation amount at Rs.1,16,943.75/- only for an extent of 2 grounds and 150 sq.ft., and no Award has not been passed for the remaining lands to the extent of 1513 sq.ft. Hence,this petition.

2.1. Further, she would submit that despite the representation being submitted by the petitioners on 24.02.1994 to the respondents to settle the compensation for their lands, till date i.e., even after lapse of 30 years, no compensation has been disbursed to them. She has produced the communication dated 01.09.2004 of the District Revenue Officer, Chennai District addressed to the Special Commissioner and Commissioner of Land Administration, Chepauk, wherein it is stated that compensation amount was deposited in the Reserve Bank of India vide Challan No.00046 dated

13.05.1988 and now the same was lapsed to the Government account.

3. The learned counsel appearing for the 5^th respondent, by reiterating the averments made in paragraph 4 of the counter affidavit would submit Award was already passed for the acquired land and entire amount of project being a sum of Rs.1,06,98,089.53 was deposited in the RBI vide Challan No.00046 dated 13.05.1988 and the amount stated above Rs.48,66,055.16 have been spent towards the settlement of acquisition cost and the balance of Rs.58,32,034.37 has not been spent and the unspent amount had lapsed to the Government Account on 01.04.1994. Further he submit that steps have been taken to revalidate the compensation amount from the Government Account in the year 2019 itself and due to no cooperation of the Public Works Department who is vested with the responsibility of re-validating the lapsed deposit amount towards settling the award amount passed in favour of the petitioners, the compensation amount could not be disbursed.

4. Heard bot