Madras High Court
G.Shanmuga Sundaram vs The Government Of Tamil Nadu on 30 November, 2021
W.P.No.25386 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25386 of 2021
1. G.Shanmuga Sundaram
2. M.Angathal
3. R.Andal
4. D.Venkatesan
5. D.Nagarajan ... Petitioners
Vs
1. The Government of Tamil Nadu,
Rep.by its Secretary,
Transport Department,
Fort St.George,
Chennai – 600 009.
2. The District Collector,
Coimbatore – 641 018.
3. The District Revenue Officer,
Coimbatore – 641 018.
4. The Director,
Airport Authority of India,
Coimbatore.
5. The Special District Revenue Officer,
Land Acquisition,
Coimbatore Airport Runway Extension,
Coimbatore – 641 018.
1/8
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W.P.No.25386 of 2021
6. The Director,
Airport Authority of India,
Chennai. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to pay
compensation to the petitioners, along with interest, as per the agreement
dated 06.03.2018, in terms of the orders dated 18.08.2020 made in the batch
of writ petitions in W.P.No.2116/2017 by the Division Bench of this Court,
considering the representation of the petitioners dated 08.10.2021, in
respect of the lands of the petitioners in S.No.244/4, S.No.244/5 in Irugur
Village Unit-I, Block No.17 and S.Nos.666/1, 666/3 and 668/3, Kalapatti
Village, Unit-II, Block No.9, Coimbatore District, in accordance with law.
For Petitioners : Mr.G.Saravanabhavan
For Respondents : Mr.A.Selvendran
Special Government Pleader (for R1 to R5)
ORDER
This writ petition is filed to issue a Writ of Mandamus, directing
the respondents 1 to 4 to pay compensation to the petitioners, along with
interest, as per the agreement dated 06.03.2018, in terms of the orders dated
18.08.2020 made in the batch of writ petitions in W.P.No.2116 of 2017 by
the Division Bench of this Court, considering the representation of the
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W.P.No.25386 of 2021
petitioners dated 08.10.2021, in respect of the lands of the petitioners in
S.Nos.244/4 and 244/5 in Irugur Village Unit-I, Block No.17 and
S.Nos.666/1, 666/3 and 668/3, Kalapatti Village, Unit-II, Block No.9,
Coimbatore District, in accordance with law.
2. Similarly placed persons already filed a Writ Petition in
W.P.No.14541 of 2020 and this Court passed following order on
27.11.2020:-
“4. The issue involved in the present Writ Petition is
squarely covered by the judgment of the Hon'ble Division Bench
in W.P.No.2116 of 2017 batch dated 18.08.2020. The relevant
portions in the judgment is extracted hereunder:-
“59. When consent is given and an agreement to
receive payment on certain terms and conditions is arrived
at, then the same is a complete package and therefore,
claiming of an additional amount as solatium or otherwise
does not arise. The entire transaction cannot in any manner
be treated less than a concluded agreement binding the
consenting parties and the State Government
as observed above. We, therefore, hold that the consent
given and the negotiations finalized with regard to the rates
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W.P.No.25386 of 2021
was inclusive of all claims in respect to compensation
subject to the terms thereof. We may, however, clarify that
after the agreement had been entered into and consent
given, then any delay in payment would attract the payment
of interest as indicated hereinafter.
60. If we go by the consent and agreed rates, then
the amount sanctioned and approved by the District Level
Committee and the State Level Committee and finally
disbursed by the State Government would include all claims
whatsoever. However, at this stage, Section 12 of the 1997
Act deserves to be noted. Section 12 of the 1997 Act reds as
under:
12.Payment of interest. When the amount is not
paid or deposited on or before taking possession of the
land, the Government shall pay the amount determined
with interest thereon at the rate of nine per cent per
annum from the time of so taking possession until it shall
have been so paid or deposited.
61. A perusal of the said Section, in our opinion,
leaves no room for doubt that in the instant case the
possession was already with the Government, though on
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W.P.No.25386 of 2021
lease. However, for the purpose of the present case, it would
be appropriate to presume that the date of taking over
possession under the 1997 Act would be the date on which
notification under Section 3(2) came to be issued. The
petitioners would, therefore, be entitled to payment of
interest after the notification under Section 3(2) at the rates
prescribed therein till date. The deduction will however be
made in respect of any amount of lease rent paid beyond the
date of the notification under Section 3(2) of the 1997 Act.
Apart from this, the petitioners themselves obtained an
interim order of status quo and other orders restraining the
respondents from raising constructions in the present batch
of writ petitions. The petitioners had given up their
challenge to the acquisition notification as is recorded in
the order dated 25.3.2019 and acknowledged by the Court
in the order dated 12.9.2019. In the said circumstances, this
period between the grant of the stay order up to the stage of
surrender made to the challenge of the notification i.e.,
25.3.2019 has to be excluded for the purpose of award of
interest. The petitioners would however be entitled for
interest after deductions as aforesaid. This would be only in
respect of those petitioners, who had given their consent
and on whose behalf the surrender to the challenge had
been made on 25.03.2019 before
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W.P.No.25386 of 2021
this Court. ”
5. The learned Additional Government Pleader
appearing on behalf of the respondents 1 to 3 submitted that
this judgment was taken on Appeal before the Hon'ble Supreme
Court only with regard to the award of interest and the Hon'ble
Supreme Court by an order dated 05.11.2020, has stayed the
portion dealing with the payment of interest in S.L.P. (C) Nos.
12770 – 12783 of 2020.
6. The learned counsel for the petitioners submitted
that the respondents can be directed to pay the compensation
and insofar as the claim made for the payment of interest, it can
await the final disposal of the Appeal pending before the
Hon'ble Supreme Court.
7. In view of the specific stand taken by either of the
parties, there shall be a direction to respondents 1 to 3 to pay
the compensation amount that was already agreed, to the
petitioners. The petitioners shall convey the property to the
respondents by executing an appropriate document at the time
of receiving the compensation. Insofar as the payment of
interest is concerned, the same shall await the final orders to be
passed by the Hon'ble Supreme Court in the pending Appeal.
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W.P.No.25386 of 2021
Necessary clause shall be incorporated in the Conveyance Deed
protecting the rights of the petitioners for receiving the interest
subject to the final verdict of the Hon'ble Supreme Court in the
pending Civil Appeal. If ultimately the payment of interest is
upheld by the Hon'ble Supreme Court, the same shall be paid to
the petitioners at a later point of time and the conveyance shall
be subjected to this condition. The entire process shall be
completed within a period of eight weeks from the date of
receipt of a copy of this order.
8. This Writ Petition is disposed of with the above
directions. No costs.”
3. In view of the above order, the present Writ Petition is disposed
of in the same terms. No costs.
30.11.2021
kv
Index:Yes/No
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W.P.No.25386 of 2021
G.K.ILANTHIRAIYAN, J.
kv
To
1. The Secretary,
The Government of Tamil Nadu,
Transport Department,
Fort St.George,
Chennai – 600 009.
2. The District Collector,
Coimbatore – 641 018.
3. The District Revenue Officer,
Coimbatore – 641 018.
4. The Director,
Airport Authority of India,
Coimbatore. W.P.No.25386 of 2021
5. The Special District Revenue Officer,
Land Acquisition,
Coimbatore Airport Runway Extension,
Coimbatore – 641 018.
6. The Director,
Airport Authority of India,
Chennai.
30.11.2021
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