Madras High Court
Tamil Nadu Housing Board vs N.Ramasamy on 3 February, 2022
C.R.P.(NPD).Nos.3012 and 3013 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P.(NPD).Nos.3012 and 3013 of 2021
and
C.M.P.Nos.21392 and 21394 of 2021,
C.M.P.No.21388 of 2021 in CRP.Sr.No.104945 of 2021
and
C.M.P.No.21389 of 2021 in CRP.Sr.No.104952 of 2021
C.R.P.No.3012 of 2021 and
C.M.P.No.21388 of 2021 in
CRP.Sr.No.104945 of 2021:
1.Tamil Nadu Housing Board, Chennai
by its Managing Director and its Chairman.
2.Tamil Nadu Housing Board,
Ashok Nagar, Chennai
by its Executive Engineer ...Petitioners
Vs.
1.N.Ramasamy
2.The Revenue Divisional Officer,
Cuddalore. ...Respondents
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
PRAYER in C.R.P.No.3012 of 2021: Civil Revision Petition filed under
Section 115 of the Code of Civil Procedure, praying to allow this Civil
Revision Petition and set aside the impugned order dated 20.10.2021
(Docket order) made in E.P.No.25 of 2013 in LAOP.No.19 of 1990, on the
file of the Special Sub Judge (LAOP), Cuddalore.
PRAYER in C.M.P.No.21388 of 2021 in CRP.Sr.No.104945 of 2021:
Civil Miscellaneous Petition filed under Section 5 of the Limitation Act,
praying to condone the delay of 1932 days in filing the above Civil Revision
Petition challenging the fair and decreetal order dated 06.11.2014 made in
E.P.No.25 of 2013 in LAOP.No.19 of 1990, on the file of the Special Sub
Judge (LAOP), Cuddalore.
C.R.P.No.3013 of 2021 and
C.M.P.No.21389 of 2021 in
CRP.Sr.No.104952 of 2021: :
1.Tamil Nadu Housing Board, Chennai
by its Managing Director and its Chairman.
2.Tamil Nadu Housing Board,
Ashok Nagar, Chennai
by its Executive Engineer ...Petitioners
Vs.
1.N.Srinivasan
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
2.The Revenue Divisional Officer,
Cuddalore. ...Respondents
PRAYER in C.R.P.No.3013 of 2021: Civil Revision Petition filed under
Section 115 of the Code of Civil Procedure, praying to allow this Civil
Revision Petition and set aside the impugned order dated 20.10.2021
(Docket order) made in E.P.No.26 of 2013 in LAOP.No.20 of 1990, on the
file of the Special Sub Judge (LAOP), Cuddalore.
PRAYER in C.M.P.No.21389 of 2021 in CRP.Sr.No.104952 of 2021:
Civil Miscellaneous Petition filed under Section 5 of the Limitation Act,
praying to condone the delay of 1866 days in filing the above Civil Revision
Petition challenging the fair and decreetal order dated 06.11.2014 made in
E.P.No.26 of 2013 in LAOP.No.20 of 1990, on the file of the Special Sub
Judge (LAOP), Cuddalore.
For Petitioners : Mr.S.Silambanan,
Additional Advocate General
for Dr.R.Gouri
For Respondents : Mr.T.S.Baskaran for R1
Mr.M.Bindran,
Additional Government Pleader
for R2
******
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
COMMON ORDER
Mr.T.S.Baskaran, learned counsel appearing for the 1st respondent in
CRP.Nos.3012 and 3013 of 2021 would submit that the 1 st respondent in
CRP.Nos.3016 and 3017 of 2021 are no more and he has no vakalat for the
1st respondent in CRP.No.3015 of 2021. He also takes notice for the 1 st
respondent in CMP.Nos.21388 and 21389 of 2021. Hence, the other Civil
Miscellaneous Petitions viz., CMP.Nos.21398, 21399, 21401 of 2021,
C.M.P.No.21387 of 2021 in C.R.P.Sr.No.104949 of 2021 and
C.M.P.No.21396 of 2021 in C.R.P.Sr.No.104944 of 2021 and Civil
Revision Petitions viz., CRP.Nos.3015, 3016 and 3017 of 2021 are de-
linked.
2. This order pertains only to CRP.Nos.3012 and 3013 of 2021 and
CMP.No.21388 of 2021 in CRP.Sr.No.104945 of 2021 and CMP.No.21389
of 2021 in CRP.Sr.No.104952 of 2021. These Revisions arises in a
proceeding for execution of the awards passed in LAOP.Nos.19 and 20 of
1990.
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
3. Certain lands belonging to the 1st respondent in these Revisions
were acquired for the purpose of construction of houses by the petitioners
herein. The Land Acquisition Officer passed an award on 03.08.1988
granting a sum of Rs.3/- per sq.ft. for the land acquired. Upon reference
before the sub-Court, the learned Subordinate Judge, Cuddalore enhanced
the award to Rs.15/- per sq.ft. The award of the Sub-Court became final. An
attempt to challenge the award was un-successful, since the applications for
condonation of delay were dismissed by this Court.
4. Thereafter, the land owners levied execution proceedings and
amounts were deposited on various dates during the course of execution
proceedings. There arose a dispute as to whether the entire amount payable
was paid or not. Liability to pay interest on solatium and the additional
amount of 12% granted under Section 23A was also raised. The executing
Court passed an order in the year 2002 which was subject matter of
Revisions in CRP.Nos.1654 to 1662 of 2002. Those Revisions came to be
dismissed on 19.06.2012. This Court however while dismissing the
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
Revisions gave liberty to the petitioners viz., the Land Acquisition Officer to
raise issue relating to arithmetic calculation before the executing Court.
5. Thereafter, the executing Court passed an order fixing the amount
that is to be paid by the petitioners as compensation on 06.11.2014.
Thereafter, an order of attachment was passed by the executing Court on
09.03.2016. Against which the Civil Revision Petitions were filed before
this Court in CRP.Nos.2156 to 2160 of 2016. Those revisions came to be
dismissed on the ground that the orders fixing the amount dated 06.11.2014
were not challenged. Subsequently, the executing Court passed the
impugned order of attachment on 20.10.2021.
6. While the Civil Revision Petitions in CRP.Nos.3012 and 3013 are
against the orders of attachment. The petitions for condonation of delay in
CMP.Nos.21388 and 21389 of 2021 have been filed seeking condonation of
delay in challenging the orders dated 06.11.2014 determining the amount.
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
7. Pending the Revisions Mr.S.Silambanan, learned Additional
Advocate General took time to re-work the calculation based on the
judgment of mine in The Executive Engineer, Tamil Nadu Housing Board
Vs. V.Saraswathiammal and others, wherein, I had indicated as to how the
apportionment has to take place.
8. A calculation was filed taking the date of taking possession as
11.09.1989. The learned counsel for the respondents Mr.T.S.Baskaran has
filed a calculation stating that the date of taking possession was 03.08.1988
i.e., the date of the award. Normally possession is taken on the date of the
award, unless it is shown that there was a stay or that the Acquiring
Authority was prevented from taking possession. It is now found that the
date viz., 11.09.1989 is actually the date on which the Revenue Authority
handed over possession to the Housing Board. The date of taking
possession as per the Land Acquisition Act for the purpose of determining
the additional amount payable under Section 23A is the date of taking
possession by the Revenue Authority and not the date on which the Revenue
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
Authority transfers possession to the person or Corporation for whose
benefit the land is acquired.
9. Therefore, the petitioners were directed to re-work the
compensation on the basis that the possession was taken on 03.08.1988 viz.,
the date of award. Upon such re-working, it is found that the Housing
Board viz., petitioners has to pay a sum of Rs.4,92,793.76/- to the 1st
respondent in CRP.No.3012 of 2021 and Rs.4,92,791.27/- to the 1 st
respondent in CRP.No.3013 of 2021.
10. Mr.S.Silambanan, learned Additional Advocate General would
submit that the Housing Board would require three months time to pay the
said compensation. Therefore, while granting three months time to the
petitioners to pay the balance amount, it is made clear that they will have to
pay interest at 15% on the sum of Rs.99,791.80/- in CRP.No.3012 of 2021
and on the sum of Rs.99,791.29/- in CRP.No.3013 of 2021 till date of
payment. The learned counsel for the 1st respondent Mr.T.S.Baskaran
accepts the calculation given by the Housing Board.
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
11. Hence, these Revisions are allowed the orders of attachment are
set aside. The Housing Board is granted three months time from today to
pay the balance amount as per the calculation submitted by them. The
calculation shall form part of the order. In view of the disposal of the Civil
Revision Petitions, the condone delay petitions are closed as un-necessary.
No costs. Consequently, the connected miscellaneous petitions are closed.
03.02.2022
dsa
Index : No
Speaking order
To
The Special Sub Judge (LAOP), Cuddalore.
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C.R.P.(NPD).Nos.3012 and 3013 of 2021
R.SUBRAMANIAN, J.
dsa
C.R.P.(NPD).Nos.3012 and 3013 of 2021
03.02.2022
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