Madras High Court
M.Vadivelu vs The Managing Director on 24 November, 2021
W.P.No.35363 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.35363 of 2019
M.Vadivelu ... Petitioner
-Vs-
1. The Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai - 600 035.
2. The Special Tahsildar,
(Land Acquisition) Unit V,
Tamil Nadu Housing Board,
Nandanam, Chennai - 600 035. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus, directing the
respondents herein to pay the petitioner the compensation amount
together with interest thereon till the date of payment in respect of the
petitioner's land in Survey No.392/1 measuring 2480 sq.ft in
Sholinganallur Village, Sholinganallur Taluk, Kancheepuram District by
fixing a time limit.
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.P.No.35363 of 2019
For Petitioner : Mr.N.K.Sivakumar
For R1 : Mr.M.Baskar
Standing Counsel
For R2 : Mr.A.Selvendran
Special Government Pleader.
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the respondents herein to pay the petitioner, the
compensation amount together with interest thereon till the date of
payment in respect of the petitioner's land in Survey No.392/1 measuring
2480 sq.ft in Sholinganallur Village, Sholinganallur Taluk,
Kancheepuram District by fixing a time limit.
2. Heard Mr.N.K.Sivakumar, learned counsel appearing for the
petitioner, Mr.M.Baskar, learned Standing Counsel appearing for the
first respondent and Mr.A.Selvendran, learned Special Government
Pleader appearing for the second respondent.
https://www.mhc.tn.gov.in/judis
W.P.No.35363 of 2019
3. The case of the petitioner is that the property comprised in
Survey No.392/1, ad-measuring 2480 sq.ft situated in Plot No.4, 189,
Sholinganallur, was purchased by the petitioner by the registered sale
deed, dated 26.09.1984 registered vide Document No.2675 of 1984. The
said land was acquired for Sholinganallur Housing Scheme by the
respondents. After acquisition, the award was passed on 28.06.1993 in
Award No.03 of 1993. The compensation amount has been deposited in
the Sub Court, Poonamallee, as contemplated under Section 30 and 31(2)
of the Land Acquisition Act, 1894. So far, the petitioner was not
received any summons from the Sub Court, Poonamallee, to receive the
compensation. Therefore, the petitioner filed a writ petition before this
Court in W.P.No.38800 of 2002 and by an order dated 12.11.2002,
directed the respondents to consider the request of the petitioner and pass
order. So far, the respondents did not consider the same and failed to
disburse the compensation amount.
4. The second respondent filed a counter and revealed that the
compensation of the award amount has been deposited in the Civil
https://www.mhc.tn.gov.in/judis
W.P.No.35363 of 2019
Deposit on 05.05.1998 and as such the said deposit does not pay any
interest. After the payment of compensation to other land owners, the
remained balance compensation has been lapsed to Government.
5. As far as the compensation for the petitioner's land is
concerned, the sum of Rs.17,795/- (Rupees Seventeen Thousand Seven
Hundred and Ninety Five) is due to the petitioner and also produced the
compensation calculation memo. The land value for 2480 sq.ft at
Rs.556/- per cent comes around Rs.3163.64/-. The Solatium of 30%
comes around Rs.949.09/-. 12% Additional market value from the date
of 4(1) notification to the date of passing award i.e. 02.07.1990 to
28.06.1993, comes around Rs.1135.79/-. For this amount, along with the
interest at the rate of 9% per annum from 01.06.2005 i.e. From the date
of taking possession of the subject property to 31.05.2006, one year and
15% per annum as per Section 34 of the Land Acquisition Act, 1894
from the date, till the disbursement of the compensation and in total a
sum of Rs.17,795/- (Rupees Seventeen Thousand Seven Hundred and
Ninety Five) as on 30.09.2021.
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W.P.No.35363 of 2019
6. Whereas, the learned counsel for the petitioner submitted
that the respondents calculated interest only from 01.06.2005 i.e. Date of
taking possession, instead of date of award. In this regard, the learned
counsel for the petitioner relied upon the judgment of this Court, passed
in W.P.No.24465 of 2013, dated 22.11.2013. This Court awarded
interest from the date of the award and also imposed cost of Rs.10,000/-
payable by the housing board to the claimant.
7. Considering the above, the second respondent is directed to
disburse the compensation amount, of Rs.5240.40/- with the interest at
the rate of 9% from 29.06.1993 to 28.06.1994 and the interest at the rate
of 15% per annum from the date of award i.e. 29.06.1994 till the
disbursement, accordingly calculate and disburse the same within a
period of two weeks from the date of receipt of a copy of this order.
That apart, the petitioner is also entitled to cost for delay caused by the
respondents in disbursement of compensation and the respondents are
liable to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as cost to
the petitioner along with the compensation.
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W.P.No.35363 of 2019
8. With the above directions, this writ petition is disposed of.
There shall be no order as to costs.
24.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
Note: Issue order copy on 29.11.2021
To
1. The Managing Director,
Tamil Nadu Housing Board,
Nandanam,
Chennai - 600 035.
2. The Special Tahsildar,
(Land Acquisition) Unit V,
Tamil Nadu Housing Board,
Nandanam, Chennai - 600 035.
https://www.mhc.tn.gov.in/judis
W.P.No.35363 of 2019
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.35363 of 2019
24.11.2021
https://www.mhc.tn.gov.in/judis
