S BYRAVAN PETITIONER Ï¿½ ARBITRATOR Vs. R THIRUMALAISAMY REDDIAR

JUDGEMENT

(1.) O.P. No. 287 of 1986 was filed by the Sole Arbitrator Mr. S. Byravan, Retired District and Sessions Judge and now practising as an advocate, praying that the Award made by him be filed under Section 14(2) of the Arbitration Act, 1940 and further action taken thereon in accordance with the said Act.

(2.) APPLICATION No. 4623 of 1986 was filed by the claimants/owner of the lands praying to pronounce the judgment according to the Award and pass a decree in terms of such award.

(3.) THE claimants filed objections to the Special Tahsildar, Land Acquisition at that stage for the award of higher compensation. Section 4(1) notification under the Land Acquisition Act was published in the Gazette on 4.1.1978, which only indicates approximately the required extent. Objections were filed by the claimants stating that the entire lands should be acquired in respect of part or parts of certain survey numbers. THE said objection petition was forwarded to the Executive Engineer for his remarks and the Executive Engineer in his remarks had indicated the actual lands needed by him. On 15-10-1978, the Authorised Officer (Land Reforms) reopened the case of the claimants Thirumalaisamy Reddy regarding the taking over of the excess lands over and above the ceiling limit which was dropped on 11.1.1974 and declared that the extent of 54.06 acres of lands acquired by Thirumalaisamy Reddy subsequent to 6.4.1960 is vested with the Government under Section 20 of the Act 54/61. Thirumalaisamy Reddy filed an appeal against the decision of the Tribunal in C.M.A.(LT) 146/80 and the Tribunal set aside the award of the Authorised Officer. THE State has preferred Revision Petition in C.R.P. No. 2894 of 1985 before this Court. On 24.6.1981, the Government decided to drop the land acquisition proceedings in respect of the claimant's lands and cancellation notification was published in the Gazette on 29.7.1981. Once again the Executive Engineer, P.W.D., Dindigul submitted a fresh requisition to the Revenue Divisional Officer for acquisition of the claimant's lands. A draft notification was transmitted by the Collector to the Government. A report was called for by the Government as to whether the acquisition would be proper. Since by the construction of the dam, the claimant's lands would come within the water spread area, the Government decided to acquire the lands under a fresh notification under Section 4(1) of the Land Acquisition Act and the same was published in the Gazette on 5.9.1984. In the meanwhile, the claimants filed W.P. No. 4133 of 1984 for the issue of Writ of Mandamus directing the Collector of Madurai to determine and pay the compensation for the lands which was dismissed on 14.6.1984 by Honourable Mr. Justice Ratnavel Pandian, J (as he then was). While dismissing the writ petition learned Judge has observed as follows :?