PROJECT DIRECTOR Vs. ETTIKAN

JUDGEMENT

(1.) Challenging the order made in REP No.61 of 2021 in LAOP No.15 of 1997 on the file of the Additional Subordinate Court, Namakkal, dtd. 8/11/2023, this Civil Revision has been filed.

(2.) The first respondent, namely, Ettikan is the petitioner in REP No.61 of 2021 in LAOP No.15 of 1997 on the file of thel Additional Subordinate Court, Namakkal and the Revision Petitioner, who is the Project Director, National Highways Authority of India, Project Implementation Uniot(NS), Salem, the third respondent.

(3.) The fact of the case is that the National Highways Authority of India (NHAI) a Statutory Authority established under the (Act 68 of 1988) National Highways Authority of India Act, 1988, to develop, maintain and manage the National Highways had undertaken several National Highways Projects in the State. For that project, an extent of 44.81.5 Hec. of lands were aquired for formation of Namakkal Bypass Road having a length of 8.4 km. The Bypass is passing through five villages,viz., Vallipuram, Mudalaipatti, Thummankurichi, Ayyampalayam Agraharam and Nallipalayam. An extent of 11.47.0 Hec. of lands were acquired from Vallipuram Village by the Special Tahsildar (land Acquisition,) Namakkal under the provisions of Land Acquisition Act, 1894(herein after referred as "LA Act 1984"). The above acquisition was made by the Divisional Engineer, (Nationl Highways) Salem/third respondent, functioning under contol of the State Government of Tamilnadu. Subsequently, the above work was taken up by NHAI represented by the petitioer herein. The Special Tahsildar (Land Acquisition) Namakkal/2nd respondent herein, after following due procedure prescribed under the LA Act of 1894 passed award in Award No.3/95, dtd. 29/9/1995 for an extent of 11.47.0 Hec. of land in Vallipuram Village and had fixed the market value of land at Rs.58,823.00 per Hec. for dry lands and Rs.61,475.00 per Hec. for irrigated dry land. An extent of 10759.32 sq.ft of land owned by the first respondent/land owner has been acquired by the second respondent/ LAO., for which, a sum of Rs.9,021.00 has been paid to the first respondent/ land owner. Not being satisfied with the same, the first respondent/land owner filed a reference under Sec. 18 of LA Act, 1894 in L.A.O.P.No15/97 before the Sub-Court, Namakkal for enhancement of compensation and the compensation was enhanced and fixed at Rs.100.00 per sq.ft. Against which, The respondents 2 and 3 filed an appeal before this Court in A.S.No.726 of 2004, in which, this Court by an order dtd. 12/7/2004 in CMP No10864 of 2004 directed them to deposit 50% of the decree amount to the credit of the LAOP Nos.11 to 15 of 1997. Accordingly, a sum of Rs.14,04,048.00 was deposited in the Sub-Court, Namakkal on 9/10/2004. The said appeal was allowed by this Court vide order dtd. 6/4/2010, by setting aside the order of the sub-court, Namakkal and remitted back for fresh disposal. Thereafter, the petitioner herein was impleaded as respondent in the LAOP and the Sub-Court, Namakkal vide its order dtd. 27/4/2012 fixed the compensation at Rs.80.00 per sq.ft. Challenging the same, the 2nd respondent herein filed an appeal in A.S.No.527 of 2015 before this Court and this vide its order dtd. 22/3/2018 fixed the land value at the rate of Rs.67.00 per sq.ft. In compliance with the above order dtd. 22/3/2018, the revision petitioner herein got the calculation sheet from the second respondent and deposited a balance amount of R.11,03,228/- before the Sub-Court, Namakkal on 21/1/2021 vide D.D.Nos.1559567, 155958 and 155959. In the said LAOP No.15 of 1997, The first respondent/ land owner filed a petition in REP No.61 of 2021 before the Sub-Court, Namakkal and the same was allowed on 8/11/2023. Aggrieved over the same, the present revision petition has been filed.