G RAJENDRAN Vs. SPECIAL TAHSILDAR TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) This batch of 89 civil appeals have a chequered history. We are, however, relieved of the necessity to trace out the history because of the view that we propose to take and which view has already been indicated to learned counsel for the parties.

(3.) For the expansion of the existing mines and dumping yard for Neyveli Lignite Corporation (hereinafter referred to as 'the Corporation') , lands were acquired in varicus villages in South Arcot District. Notifications under Section 4 (i) of the Land Acquisition Act, 1984 were published between 1975 to 1978. The Land Acquisition Officers made Awards on different dates. A large number of References were filed under Section 18 of the Land Acquisition Act by the land holders subsequently. The learned Sub-Judge allowed the References by enhancing the rate of compensation for (1 Wetlands; (2 Irrigated Dry Lands; (3 Drylands; (4 House Sites; and (5 Cashew Thope. Against the enhancement of compensation, the government filed appeals in which conditional stay was granted by way of an interim order by the High court. Against the said order, the Corporation filed 63 Special Leave Petitions in this court during 1986-1988. Those Appeals were disposed of by a common order on 16/03/1989 with the following directions: (1 The Corporation shall deposit 40% of the enhanced compensation and the claimants can withdraw the same without security. (2 The Corporation shall directly pay 50% of the enhanced compensation, on security to the satisfaction of the Registrar High court. (3 The balance 10% to be retained by the Corporation till disposal of the Appeals.