A S NIZAR AHMED AND COMPANY LIMITED REP BY ITS MANAGING DIRECTOR A S NISAR AHAMED, MADRAS Vs. COLLECTOR OF VELLORE DISTRICT, VELLORE

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus forbearing the respondent, the District Collector, Vellore, from taking any coercive steps for collection of the award amount levied on the petitioner-company by award dated 27.3.2000 passed by the Loss of Ecology (Prevention and Payment of Compensation) Authority for Tamil Nadu pending proceedings before the BIFR in No. 81 of 2001 in view of the enquiry having been admitted under Section 16(1) of The Sick Industrial Companies (Special Provisions) Act, 1985, as any such coercive action by the respondent against the petitioner-company is protected under Section 22(1) of The Sick Industrial Companies (Special Provisions) Act, 1985.

(2.) This Court heard Mr. Muralikumaran, learned counsel appearing for the petitioner and Mr.Kumaresh Babu, learned Government Advocate appearing for the respondents.

(3.) Concedingly, the petitioner-company as per the award dated 27.3.2000 passed by the Loss of Ecology (Prevention and Payment of Compensation) Authority, is liable to pay a compensation determined by the Loss of Ecology Authority amounting to Rs.26,82,02,328/= to the affected individuals, directed the petitioner to pay Rs.43,75,720/= and another sum of Rs.5,97,129/= being the compensation recoverable for reversal of damaged environment. On the basis of the certificate issued by the said authority, the respondent herein issued a certificate for recovery under The Revenue Recovery Act.