Madras High Court
K.Kala vs Poovaragan on 2 November, 2023
Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722, 1723, 1724, 1725 &
1726 of 2023
in
W.A.(MD) Nos.1930, 1929, 2172, 1928, 2167, 2173, 2175, 2176 & 2177 of
2021
Cont.P.(MD) No.1524 of 2023:
1.K.Kala
2.K.Mala
3.K.Malarvizhi ... Petitioners
-vs-
Poovaragan
The Prescribed Authority-cum-
Special District Revenue Officer /
Land Acquisition Officer
Madurai – Dhanushkodi
National Highways No.49
Ramanathapuram District ... Respondent
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Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of
Courts Act, 1971 praying to punish the respondent for the willful disobedience
of the Judgment passed by this Court in W.A.(MD) No.1930 of 2021, dated
14.07.2021.
For Petitioners : Mr.G.Jeremiah John
For Respondent : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.S.P.Maharajan
Special Government Pleader
COMMON ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
These contempt petitions have been filed alleging willful
disobedience of the common Judgment, dated 14.07.2022, made in W.A.(MD)
Nos.1930, 1929, 2172, 1928, 2167, 2173, 2175, 2176 & 2177 of 2021.
2. It is not in dispute that the lands belonged to the contempt
petitioners were acquired for public purpose and the land acquisition
proceedings were initiated under the old Act, but the award was passed on
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Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
21.07.2014 after the new Act i.e. Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,
which came into force with effect from 01.01.2014. Thus, the contempt
petitioners are entitled to claim compensation under Section 24 of the new
Act.
3. Learned counsel for the contempt petitioners mainly contended
that a high value property has been acquired by paying a meagre amount of
compensation and therefore, the contempt petitioners were constrained to file
the writ petitions. Since the writ petitions were dismissed, the intra-court
appeals were instituted and the Division Bench of this Court considered the
issues and defined the word “deposit” under the provisions of the new Act and
set aside the order passed by the Writ Court. The Judgment passed in the
intra-court appeals has not been complied with by the respondent in its letter
and spirit and therefore, the present contempt petitions are filed.
4. Learned Additional Advocate General appearing for the
respondent made a submission that pursuant to the common Judgment dated
14.07.2022 passed in the intra-court appeals, the competent authority has
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Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
passed a fresh award on 26.06.2023 under the new Act. Since a fresh award
has been passed under the new Act, the contempt petitioners are at liberty to
approach the competent authority seeking enhancement of compensation in
the manner contemplated.
5. Learned counsel appearing for the petitioners made a
submission that the award passed under the new Act has not been served to
the land losers.
6. It is needless to state that the authorities competent are duty
bound to serve the award copies to the land losers enabling them to submit
applications for enhancement of compensation or otherwise.
7. In this regard, the contempt petitioners are at liberty to
approach the competent authority for award copies and on such approach, the
competent authority shall serve copy of the award to the contempt petitioners,
without causing any undue delay.
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Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
8. Insofar as the contempt proceedings are concerned, in view of
the facts and circumstances, we do not find any reason to invoke the
contempt jurisdiction, since a fresh award has been passed under the new Act
on 26.06.2023, which is an appealble one under the new Act. Hence, the
contempt petitioners are at liberty to approach the competent authority for
redressal of their grievance regarding quantum of compensation fixed by the
authority concerned.
9. With the above observations, these contempt petitions are
closed.
[S.M.S., J.] [S.S.Y., J.]
02.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
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Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
To:
Mr.Poovaragan,
The Prescribed Authority-cum-
Special District Revenue Officer /
Land Acquisition Officer,
Madurai – Dhanushkodi,
National Highways No.49,
Ramanathapuram District.
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Cont.P.(MD) Nos.1524, 1719, 1720, 1721, 1722,
1723, 1724, 1725 & 1726 of 2023
S.M.SUBRAMANIAM, J.
and
S.SRIMATHY, J.
krk
Cont.P.(MD) Nos.1524, 1719, 1720,
1721, 1722, 1723, 1724, 1725 &
1726 of 2023
in
W.A.(MD) Nos.1930, 1929, 2172,
1928, 2167, 2173, 2175, 2176 &
2177 of 2021
02.11.2023
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