R.BASKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) On consent given by both sides, both these writ petitions are taken up together and common order is passed.

(2.) The lands belonging to the petitioners were acquired under the Land Acquisition Act, 1894, and an award was passed in the year 1992 by the 6th respondent. Aggrieved by the compensation fixed, a reference was made under Section 18 of the Act to the Sub Court seeking for enhancement of compensation. The Sub Court by a judgement and decree dated 05.04.1999 enhanced the compensation. The petitioners were aggrieved by the amount fixed by the Sub Court and therefore, three appeals came to be filed in A.S.No.669, 670 of 1999 and 43 of 2000. The Government also filed cross objections in all the Appeals which was numbered as 54 & 55 of 2002 and 87 of 2008. All these cases were taken up for final hearing and by common judgement dated 12.01.2009, this Court fixed the compensation at the rate of Rs.27,43,627/- per hectare. This judgement has became final. It is seen from records that execution proceedings were also initiated and it was dismissed for default.

(3.) At the time, when the cross-objections were filed by the Government, they had sought for the Stay of the execution of the award and this Court had granted stay by imposing certain conditions directing the Government to deposit 75% of the compensation amount fixed by the Court below. Out of the said amount, the petitioners were also allowed to withdraw 2/3rd of the amount and the balance 1/3rd was directed to be invested in an nationalised bank.