M THIAGARAJAN Vs. COLLECTOR AND ORS

JUDGEMENT

(1.) The petitioner/Mr.M.Thiagarajan and one Mr.M.Balakrishnan are brothers. Lands, measuring an extent of 900 sq.mtrs. in Survey No.222/1, 1150 sq.mtrs. in Survey No.223/1A, 400 sq.mtrs. in Survey No.366/1B and 1500 sq.mtrs. in Survey No.367/2, situated at Vannivedu Village, Walajah Taluk, Vellore District, have been acquired for four laning of National Highways-46 between Krishnagiri and Ranipet Section(K.M.127/450 to K.M.139/950). After issuing notices to the land owners, an award in reference No.RC.G5/20354/2002, dated 27.11.2012, has been passed covering the above said lands also. As per the award, the abovesaid lands have been registered in the name of Mr.M.Balakrishnan and Mr.M.Thiagarajan / writ petitioner, sons of Manicka Naicker, in joint patta No.1007. In the above said lands, there is also a well. As per the version of the petitioner, the Special Tahsildar, Land Acquisition-National Highways, Vellore / third respondent herein, after determining the compensation under Section 3G(1) of the National Highways Act, 1956, has fixed the compensation of lands, as hereunder: <FRM>JUDGEMENT_306_LAWS(MAD)11_2013(31).html</FRM>

(2.) It is the case of the petitioner that both the land owners are entitled to equal compensation. But, however, 50% of the amount statedhas not been disbursed to the petitioner. When an application under the Right to Information Act, 2005, was made for not disbursing the compensation payable, the third respondent has informed the petitioner that his brother Mr.M.Balakrishnan has filed a suit in O.S.No.94 of 1999 on the file of the District Munsiff Court, Wallajah, and therefore, it was decided to deposit the amount in Court. However, the said amount has not been deposited so far. Since the reason for not disbursing the compensation amount was due to institution of a suit by his brother M.Balakrishnan, the petitioner made enquiries, whereby, he came to know that the suit in O.S.No.94 of 1999 has been dismissed for default by order dated 05.02.2010 and it has not been restored even today. Thereafter, the petitioner has made continuous representations. Though the petitioner has appeared in person and produced all the documents, establishing that he has half share in the properties acquired by the respondents and requested the third respondent to disburse 50% of the compensation amount together with interest at 21% per annum from the date of acquisition of lands till the date of payment, there was no response. Hence, the petitioner is constrained to file the present writ petitioner seeking for a direction to the respondents to pay 50% of the compensation amount awarded for acquisition of lands, comprised in Survey Nos.366/1B, 367/2 (with well and shed), 222/1 and 223/1A of Vannivedu Village, Walajah Taluk, Vellore District, to him, together with interest at the rate of 18% per annum, from the date of acquisition, till the date of payment.

(3.) As the matter pertain to non-payment of compensation by the respondents 2 and 3, when the matter came for hearing on 13.11.2013, the petitioner was permitted to file an application for impleading the National Highways Authority of India (NHAI), Vellore. Accordingly, the said authority was impleaded, by order dated 21.11.2013, passed in M.P.No.1 of 2013 in W.P.No.30561 of 2013. Thereafter, on instructions, Mr.R.Vijayakumar, learned Additional Government Pleader, submitted that, during the award enquiry, one Mr.M.Balakrishnan, brother of writ petitioner, has deposed that he has filed a suit in O.S.No.94 of 1999 on the file of the District Munsiff Court, Wallajah, and requested the authorities not to disburse the compensation either to him or to his brother/writ petitioner herein and hence, it was decided to withhold the payment of compensation amount. Learned Additional Government Pleader further submitted that, subsequently, the writ petitioner submitted a petition dated 29.03.2010 stating that the suit in O.S.No.94 of 1999 on the file of District Munsiff Court, Wallajah, has been dismissed for default on 05.02.2010 and requested to disburse the compensation amount in equal share to him and to his brother-M.Balakrishnan.