POORASAMI AND ORS. Vs. THE SPECIAL THASILDAR,

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. This Revision is at the instance of the claimants 1 and 2 in LAOP No.490 of 2013 on the file of the Special Subordinate Judge for Land Acquisition cases, Cuddalore (LAOP No. 13 of 2012 on the file of the Principal Sub Court, Chidambaram).

(2.) The facts leading to the proceedings are as follows: A certain extent of land situate in R.S.No.185/1A and 185/1B of Valayamadevi Keelpathi Village, was acquired under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, (hereinafter referred to as "the Act, 1997"), for the Neyveli Lignite Corporation Limited. An award came to be passed in Award No.5 of 2011 on 28/2/2011 under Sec. 8 of the said Act, granting compensation for the lands so acquired. Since there was a dispute as to the entitlement to receive compensation a reference was made by the Land Acquisition Officer to the Court under Sec. 9(2) of the Act, 1997(The order of reference states that it is a referance under Sec. 10 of the Act which is an obvious mistake). The said reference was numbered as above and disposed of by the learned Special Subordinate Judge for Land Acquisition Cases, Cuddalore on 7/7/2017. Aggrieved by the decision of the learned Trial Judge on the right to receive the compensation, the petitioners herein preferred an Appeal before the Principal District Court, Cuddalore. Since there was a delay of about 8 days in preferring the appeal, an Application in IA No.243 of 2017 was filed seeking condonation of delay.

(3.) This application was resisted by the third and fourth respondents viz., the rival claimants contending that the Appeal itself is not maintainable as there is no provision under the Act, which enables filing of an Appeal against an order or an award made in a reference under Sec. 9(2) of the Act.