LAWS(SC)-2019-2-47

K ARUMUGAM Vs. V BALAKRISHNAN & ORS

Decided On February 06, 2019
K ARUMUGAM Appellant
V/S
V Balakrishnan And Ors Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 23.08.2017 passed by the High Court of Madras in Contempt Appeal No.2 of 2017 affirming the order passed by the learned Single Judge dated 13.02.2017 in and by which the appellant-TWAD Board was directed to pay Rs.600/- per sq. ft. to the first respondent for the land which the appellant-Board entered possession in 1991 with the consent of the first respondent.

(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 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.