IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.9.2011 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.21227 OF 2004 Lakshmi Narayanan ... Petitioner Vs 1. The Assistant Divisional Engineer High Ways, Kumbakonam 2. The Tahsildar, Kumbakonam 3. The Revenue Divisional Officer Thanjavur District, Thanjavur 4. The District Collector Thanjavur District, Thanjavur ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents to make payment of Rs.4,50,000/- as sale consideration for plot No.30 in R.S.No.273/9 situated at Bapurajapuram in Kumbakonam Taluk for the acquisition/compulsory sale made by the petitioner or in the alternative direct reference under Section 18 of the Land Acquisition Act to the competent civil court for determination and payment of enhanced compensation for acquisition made. (The prayer was amended as per the order dated 28.1.2008 by NPVJ in W.P.M.P.No.1413 of 2007 in W.P.No.21227 of 2004) For petitioner : Mr.VK.Vijayaragavan For respondents : Mr.N.Srinivasan Additional Government Pleader for R1 to R4 https://hcservices.ecourts.gov.in/hcservices/ O R D E R The present writ petition has been filed by the petitioner in the year 2004 seeking for the issuance of a writ of Mandamus to direct the respondents to make payment of Rs.4,50,000/- as sale consideration for plot No.30 in R.S.No.273/9 situated at Bapurajapuram in Kumbakonam Taluk for the acquisition/compulsory sale made by the petitioner or in the alternative to direct the reference under Section 18 of the Land Acquisition Act to the competent civil court for determination and payment of enhanced compensation for the acquisition made by the respondents. 2. According to the petitioner, by virtue of purchase of the plot No.30 comprised in R.S.No.273/9 for a valuable consideration on 15.10.1989 from the his vendor, he has become the absolute owner of the property in question. After becoming the owner, the petitioner sought for planning permission and approval from the competent authority for constructing a residential building in the year 1990 and after securing planning permission and approval, he has constructed a house in the site and started living with his family. 3. While so, the first respondent Highways Department wanted to form bye-pass road and for that purpose, they wanted to acquire the petitioner's property for expanding the road through private negotiations. Though the petitioner raised several objections for transferring the property to the Government, the officers from the Highway Department, by exercising undue pressure, periodically, prevailed upon the petitioner to part with the property. Finally, the petitioner, out of coercion and compulsion, has consented to sell the property through private negotiations. As a result, the first respondent has paid a sum of Rs.2,59,620/- towards sale consideration of the petitioner's property. The value of the site was fixed as Rs.39,960/- only and the cost of the building was also estimated at about Rs.2,19,660/- and an aggregate amount of Rs.2,19,660/- was paid by the first respondent by cheque No.G937385 / G 9874 dated 6.11.2003. 4. The petitioner also received the said cheque under protest, as the value of the property fixed by the Government for the above said property was inadequate and does not tally with the market value as on the date of the sale of the land. Subsequently, the petitioner sought payment of the amount as per the provisions of the Land Acquisition Act by giving a proper representation to the first and third respondents to pay the minimum amount of Rs.4,50,000/- taking into consideration of the compulsory acquisition. 5. As the representation made by the petitioner did not evoke https://hcservices.ecourts.gov.in/hcservices/ any reply, the petitioner was, finally, constrained to file the present writ petition seeking the prayer, as stated above. 6. The learned counsel appearing on behalf of the petitioner has submitted that even though the physical possession of the property was taken over in the year 1999, the amount was paid by the first respondent by cheque No.G 937385 / G 9874 dated 6.11.2003 only at the end of the year 2003, with the delay of four years. However, the said payment was received under protest. 7. The learned counsel appearing on behalf of the petitioner has also submitted that even if the main prayer seeking for the payment of Rs.4,50,000/- is not possible to be considered, atleast for the belated payment with the delay of four years, the interest either at the rate of 9% amounting to Rs.93,464/- or at the rate of 12% amounting to Rs.1,24,616/- may be considered. 8. Per contra, the learned Additional Government Pleader appearing on behalf of the respondents has submitted that the allegation made by the petitioner that his property was acquired by way of a private negotiations was incorrect, when the Highways Department was under compulsion to form bye-pass road after acquiring not only the property of the petitioner but also other properties owned by the similarly placed persons. 9. He has also submitted that when the negotiations were taken up, finally, through proper negotiations, the petitioner on his own came forward to execute the sale deed on 7.11.2003. In the said sale deed, the petitioner had mentioned that he consented on his own to sell the property for a value of Rs.2,59,620/-. 10. In reply to the submission of the learned counsel appearing on behalf of the petitioner seeking interest for the delayed payment, the learned Additional Government Pleader appearing on behalf of the respondents has also submitted that the project for completing the bye-pass road has already been over. Therefore, it would be very difficult to consider even that belated prayer. 11. Heard the learned counsel appearing on behalf of the petitioner and the learned Additional Government Pleader appearing on behalf of the respondents. 12. Prima facie, the Highways Department had acquired the petitioner's property to form the bye-pass road through private negotiations. Though the petitioner did not agree to give the land for formation of the bye-pass road, finally, he executed a sale deed dated 7.11.2003. When the petitioner, after receiving the sale consideration with raising his objection, has come forward to execute the sale deed in favour of the first respondent on 7.9.2003 as https://hcservices.ecourts.gov.in/hcservices/ document No.2902/2003 on the file of the Sub Registrar, Kumbakonam, he cannot be permitted to claim more money by filing the present writ petition on the ground that the market value of the property has gone up. 13. In fact, the petitioner, by executing the sale deed, has parted with the land in question for the purpose of forming bye-pass road and after taking over the possession of the land in question from the petitioner, the bye-pass road has already been formed and the petitioner has also encashed the cheque No.G937385 / G 9874 dated 6.11.2003. 14. However, after the execution of the said sale deed, the amount of Rs.2,59,620/- towards the sale consideration of the petitioner's property was paid by the first respondent by cheque No.G 937385 / G 9874 dated 6.11.2003 only at the end of the year 2003 with the delay of four years. If the authority had paid the amount immediately in the year 1999 after taking physical possession of the land, the petitioner would not have come before this Court by filing the present writ petition in the year 2004. Therefore, by considering the peculiar facts and circumstances of the case, that there has been a long delay of four years in not paying the payment from the date of the taking physical possession of the land, this Court, instead of entertaining the prayer of the petitioner to refer the matter under Section 18(1) of the Land Acquisition Act to the competent civil court for determination and enhanced compensation for acquisition made by the respondents, to meet the ends of justice, as the project has also been over, instead of granting interest @ 9% which comes to Rs.93,464/-, directs the respondents to make a further payment of Rs.50,000/- (Rupees Fifty thousand) towards compensation and the same shall be paid to the petitioner within a period of two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. lan Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Assistant Divisional Engineer High Ways, Kumbakonam 2. The Tahsildar, Kumbakonam 3. The Revenue Divisional Officer Thanjavur District, Thanjavur 4. The District Collector Thanjavur District, Thanjavur + 1 cc to Government Pleader SR.NO.58391 Writ Petition No.21227 OF 2004 (CO) PA NS 12/11/2011 https://hcservices.ecourts.gov.in/hcservices/