IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.03.2008 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.No.35974 of 2007 N.Mahadevan ... Petitioner Vs. 1. The Commissioner and Secretary to Government of Tamil Nadu, Highways Department, Fort St. George, Chennai 600 009. 2. The District Collector of Chennai, Singaravelar Maligai, Dr.Rajaji Salai, Chennai 600 001. 3. The Special Tahsildar, Land Acquisition, Chennai Metropolitan Development Authority, Koyambedu Wholesale Market Complex, Chennai 600 092. ... Respondents 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 deposit the entire enhanced compensation amount to the credit of L.A.O.P.No.33 of 2003 on the file of the learned VI Asst. City Civil Judge, Chennai in respect of the petitioner's land acquired by the respondents herein measuring an extent of 24.75 cents in Survey No.362/12 and in Survey No.410/5 in Velachery Village, Mambalam-Guindy Taluk. For Petitioner : Mr.K.M.Venugopal For Respondents : Ms.Geetha, Addl. Government Pleader O R D E R This is one of the astonishing cases, wherein a citizen aged 95 years is made to fight in this Court in respect of a property measuring an extent of 24.75 cents in Survey No.362/12 and in Survey No.410/5 in Velachery Village, Mambalam-Guindy Taluk, which was acquired by the respondents by issuance of a notification under https://hcservices.ecourts.gov.in/hcservices/ Section 4(1) of the Land Acquisition Act as early as on 25.05.2000. The acquisition was for widening the road already in existence. 2. The award was passed in Award No.1 of 2003 and the matter was referred under Section 18 of the Act for enhancement of compensation. It was in L.A.O.P.No.33 of 2003, the market value of the property was enhanced to Rs.484/- per sq. ft. as against Rs.76/- sq. ft. fixed by the authorities. That apart, the value of the superstructure was fixed at Rs.77,989/- and the petitioner was awarded solatium at 30% and additional market value at 12% per annum from 25.05.2000 to 28.05.2003 on the enhanced market value of the land and the value of the superstructure. In addition, the petitioner was awarded 9% per annum from 29.05.2003 to 28.05.2004 and thereafter, at the rate of 15% per annum from 29.05.2004 till the payment on the aggregate excess amount of the market value, solatium and the additional market value. That was passed in L.A.O.P.No.33 of 2003 as early as on 25.04.2005 by the VI Assistant Judge, City Civil Court, Chennai. 3. In fact, an appeal filed against the said award was dismissed by a Division Bench of this Court in the judgment dated 04.01.2006 passed in A.S.No.1013 of 2005, categorically holding that the fixation of Rs.484/- per sq. ft. cannot be said to be excessive or exhorbitant. The Special Leave Petition filed by the Government in Special Leave to Appeal (Civil) No.3312 of 2007 also came to be dismissed by the Supreme Court on 08.03.2007. Thereafter, the petitioner made many representations including the one dated 28.05.2007 and in spite of the same, no fruitful steps have been taken by the respondents in paying the enhanced amount of compensation except the Tahsildar, who has stated in his letter dated 11.06.2007 that the enhanced compensation ordered in L.A.O.P.No.33 of 2003 have been calculated and the proposals are sent to the Government, Highways Department through the Collector of Chennai for payment and that after the orders of the Government, the funds will be deposited to the Civil Court. 4. It is further relevant to point out that the matter was adjourned on many occasions, i.e. from November 2007, on the basis, a representation has been made by the respondents that the Government has taken serious note of the situation in this case and necessary orders will be passed for paying the enhanced amount of compensation. Then, the matter stood adjourned to 16.02.2008. When the matter came before this Court on 26.02.2008, a representation has been made by the Government on its behalf, based on the letter dated 25.02.2008 by the Deputy Secretary to Government, Highways Department, wherein it is stated that the file regarding payment of compensation to the petitioner and other persons connected with the acquisition proceedings have been cleared by the Revenue and Finance Department and orders are https://hcservices.ecourts.gov.in/hcservices/ awaited from the Government at any time. It was due to the said representation, the matter stood adjourned subsequently on 11.03.2008 and 14.03.2008. Even during the said adjourned dates, it was represented that the amount of compensation will be paid at any time. However, so far no amount of compensation has been deposited to the credit of L.A.O.P.No.33 of 2003 in respect of the lands of the petitioner acquired in the year 2000. 5. In view of the same, the writ petition stands allowed with a direction to the respondents to deposit the entire enhanced amount of compensation to the credit of L.A.O.P.No.33 of 2003 on the file of the VI Assistant Judge, City Civil Court, Chennai with all benefits in respect of the petitioner's lands comprised in Survey No.362/12 and in Survey No.410/5 in Velachery Village acquired by the respondents for extension of road, as stated in the judgment dated 25.04.2005 passed in L.A.O.P.No.33 of 2003 within a period of ten (10) days from the date of receipt of a copy of this order. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. abe To : 1. The Commissioner and Secretary to Government of Tamil Nadu, Highways Department, Fort St. George, Chennai 600 009. 2. The District Collector of Chennai, Singaravelar Maligai, Dr.Rajaji Salai, Chennai 600 001. https://hcservices.ecourts.gov.in/hcservices/ 3. The Special Tahsildar, Land Acquisition, Chennai Metropolitan Development Authority, Koyambedu Wholesale Market Complex, Chennai 600 092. 1 cc to Mr.K.M. Venugopal, Advocate, sr. 16007 W.P.No.35974 of 2007 RS (CO) kk 24/3 https://hcservices.ecourts.gov.in/hcservices/