G. GANAPATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has sought for a Writ of Certiorarified Mandamus, to quash the proceedings of the Land Acquisition Officer and Tahsildar, Mylapore-Triplicane Taluk, Chennai, respondent No. 3, in B1/644/2008, dated 05.01.2012, insofar as it relates to the petitioner, pursuant to Award No. 1 of 2010, dated 15.10.2010 (Sl. No. 24) and consequently, prayed for a direction to respondent No. 3, to amend or modify the reference dated 05.06.2012 by deleting "Section 30", so as to read, as a reference under Sections 18(1) and 31(2) of the Land Acquisition Act, 1894, to enable the petitioner to process the "Payment Out Petition" filed before the learned VI Assistant City Civil Court, Chennai. Record of proceedings shows that on 11.02.2014, this Court has passed the following orders:

(2.) On this day, on instructions and by inviting the attention of this Court to Sub-Sections 1 and 2 of Section 31 of the Land Acquisition Act, 1894, Mr. K.V. Dhanapalan, learned Additional Government Pleader, submitted that though on making an Award under Section 11 of the Act, the District Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, and shall pay it to them, in certain circumstances, like in a case, where payment is prevented by someone or for any of the contingencies mentioned in Sub-Sections 1 and 2 of Section 31 of the Act and when the payment of compensation awarded by him, could not be made, then, the District Collector, is empowered to deposit the amount of compensation in the Civil Court, only under Section 31 of the Land Acquisition Act, 1894.

(3.) Pointing out that one of the contingencies mentioned in Sub Section (2) of Section 31 of the Act, is that, when there is no consent to receive or refusal by the land owners or the persons interested to receive the compensation, the District Collector, is legally obligated to perform his duties, under Section 31(2) of the Act, to deposit the quantum of compensation determined in the Civil Court. Learned Additional Government Pleader submitted that deposit under Section 31 of the Act, is valid. At this juncture, attention of this Court was also invited to Section 18 of the Land Acquisition Act, 1894, which reads as follows: