Er. K. Arumugam vs V. Balakrishnan

3. During the year 1991-1992, land to an extent of 86.5 cents in Survey No.271/2A 5E – “Dry Land” in Walajabad Village was entered upon by the appellant-Tamil Nadu Water Supply and Drainage Board (TWAD Board) with the consent of the first 1 respondent-land owner for the construction of Head works and Staff quarters. In the year 1993, the appellant-Board constructed the Head works for supply of drinking water and residential Staff quarters. Accepting the recommendation of the Revenue Divisional Officer, Kancheepuram made in the year 1991, by an order dated 30.03.2015, the District Collector, Kancheepuram fixed the value of the land at the rate of Rs.260/- per cent and the total value of the land was arrived at Rs.22,490/-. Giving incentive of 12% for every year up to 2012, the value of the land was fixed at Rs.2,43,001/-. A demand draft of Rs.2,43,001/- had been sent to the first respondent by the appellant-Board vide its letter dated 14.05.2015 which the first respondent refused to receive and the same was returned.

4. On 31.01.2016, the first respondent filed Writ Petition No.3874 of 2016 and on the third day of filing of the petition i.e. on 03.02.2016, the High Court disposed of the said writ petition with direction to the appellant-Board to submit a report to the District Collector and to ensure that a fair and reasonable compensation be sanctioned to the first respondent at an early date not later than two months. The said order reads as under:-

6. The District Collector accordingly held a detailed enquiry and examined various aspects of the matter and also took into consideration the prevailing guideline value as on 01.04.2012. After elaborate consideration, the District Collector vide proceeding 3 dated 23.05.2016 fixed the land value at the rate of Rs.200/- per sq. ft. which was the guideline value as on 01.04.2012 and the said order reads as under:-

7. The first respondent did not challenge the rate fixed by the District Collector at Rs.200/- per sq. ft. in a manner known to law. On the other hand, the first respondent filed Contempt Petition No.2626 of 2016 in W.P. No.3874 of 2016 on 28.09.2016 alleging disobedience of the order passed by the High Court on 03.02.2016. The learned senior counsel appearing for the appellant-Board submitted that when the contempt petition came up before the learned Single Judge on 25.11.2016, though no orders were passed, some instructions appeared to have been given to the TWAD Board. It was submitted that apprehending that she might be hauled up for contempt of court, the District Collector vide order dated 30.11.2016 fixed the value of the land at the rate of Rs.500/- per sq. ft. When the contempt petition came up for hearing on 13.02.2017, going beyond the order passed in Writ Petition No.3874/2016, the learned Single Judge fixed the value of the land at Rs.600/- per sq. ft and directed the balance amount be paid to the first respondent at the rate of Rs.400/- per sq. ft. The order passed by the High Court reads as under:-

18. In the result, the impugned order of the Division Bench in Contempt Petition No.2/2017 and the order of the learned Single Judge in Contempt Petition No.2626/2016 are set aside and this appeal is allowed.

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