Madras High Court
A.Sundaramurthy vs Mr. V. Selvamani on 5 August, 2021
Cont. P. No. 3397 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.08.2021
Coram :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
Contempt Petition No. 3397 of 2014
---
A.Sundaramurthy .. Petitioner
Versus
Mr. V. Selvamani
The Manager (Sales and Service)
Vellore Housing Unit-TNHB
Phase-I, Sathuvachary
Vellore & District - 632 009 .. Respondent
Contempt Petition filed under Section 11 of The Contempt of Courts
Act, 1971 praying to summon the respondent herein and punish him under
Section 11 of the Contempt of Courts Act for his wilful violation of the order
dated 08.01.2014 passed by this Court in WP No. 1502 of 2013
For Petitioner : Mr. K. Thilageswaran
For Respondent : Mr. R. Bharathkumar
ORDER
This contempt petition is filed by the petitioner complaining non-
compliance of the order dated 08.01.2014 passed by this Court in WP Nos.
13243 of 2013 etc., batch. In Para No. 19 to 24 of the order dated 08.01.2014,
this Court issued the below mentioned directions while allowing the aforesaid
Writ Petitions
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Cont. P. No. 3397 of 2014
" 19. The law is therefore clear that the Housing Board
is entitled to collect the land value paid or payable to the
landowners along with statutory interest.
20. The impugned notices do not contain the break
up of cost as indicated in Service Society.
21. The Tamil Nadu Housing Board appears to have
calculated the balance amount payable by the petitioners
taking into account the Government Order in G.O. Ms.
No.215, Housing & Urban Development Department dated 28
September 2012. Though a reference was made to the
difference in land cost, there was no indication about the
enhancement made by the Reference Court with modification
if any, made by the Appellate Court, interest paid to the land
owners and other relevant details so as to enable the allottees,
to have an idea with regard to each of the components. In
case the reference proceedings are pending under Section 18
of the Land Acquisition Act, either before the Reference
Court or Appellate Court, calculation must be made by taking
into account the maximum amount claimed by the land
owners. The allottees would be benefited in case the land cost
along with the statutory interest is deposited early, as
otherwise, they are liable for interest after the conclusion of
Section 18 proceedings.
22. The Tamil Nadu Housing Board is permitted to
collect the differential cost and statutory interest in
accordance with the Judgment in Service Society.
23. In the result, the impugned notices are all set
aside. The concerned division is directed to prepare a
statement of cost indicating the development cost and land
cost and statutory interest in the light of the judgment in
Service Society. The notice calling upon the allottees to pay
the balance amount must accompany a copy of the statement
of cost. In case petitioners have made payments pursuant to
the impugned notices, such payments shall be given due
credit. The petitioners should be given reasonable time to pay
the balance amount after service of notice.
24. The writ petitions are allowed to the extent
indicated above. No costs. Consequently, connected
miscellaneous petitions are closed.
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Cont. P. No. 3397 of 2014
2. When Contempt Petition Nos. 3394 to 3403 of 2014 etc., batch
were taken up for hearing on 16.03.2016, which is connected to this Contempt
Petition, this Court passed the following Order.
"The learned Additional Advocate General seeks time
to prepare a chart indicating the amount paid to the land
owners by complying with the Award passed by the Land
Acquisition Officer or in case of enhancement, the concerned
number of the Land Acquisition Original Petition and details
regarding enhancement made by the High Court or Supreme
Court and the date of deposit of the enhanced amount before
the Reference Court and date of completion of the project and
the date of allotment.
2. The learned Additional Advocate General
wanted this matter to be posted on 30th March 2016. The
concerned petitioners are directed to submit their response
with regard to the individual demands made by the Housing
Board in the meantime.
Post on 30th March 2016."
3. Subsequently, when Contempt Petition Nos. 3394 of 2014 etc.,
batch was taken up for hearing on 03.04.2019, this Court passed the below
mentioned order:-
"The learned counsel for the parties jointly submitted
that the learned Arbitrator is now seized of the matter.
According to the learned counsel, the Arbitrator has already
heard the arguments and orders would be passed very shortly.
2. Post on 2nd July 2019.
3. The time for completion of arbitration
proceedings is extended accordingly.
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Cont. P. No. 3397 of 2014
4. Today, when this contempt petition is taken up for hearing, it is
submitted by the learned counsel appearing for the petitioner as well as the
respondent that the parties to this contempt petition subjected themselves to
arbitration proceedings, the Arbitral Tribunal also heard the arguments of the
counsel for all the parties and reserved the proceedings for passing final order.
It is also stated that the final order is likely to be passed by the Arbitral
Tribunal very shortly. The said statement of the counsel for both sides is
recorded.
5. In the light of the above, this Contempt Petition is closed. No
costs. Liberty is given to the petitioner to work out his remedy, if any, under
law, on the basis of the award to be passed by the Arbitral Tribunal.
05-08-2021
av
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Cont. P. No. 3397 of 2014
R. MAHADEVAN, J
av
Cont.P No. 3397 of 2014
05-08-2021
(4/122)
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