COMMISSIONER Vs. SUBRAMANIASWAMY BAJANAI MADAM TRUST

JUDGEMENT

(1.) WRIT Appeal No. 2064/2000 has been filed against the order of the learned Single Judge, dated 31. 10. 2000, made in W. P. No. 17527/2000 in and by which the learned Judge allowed the writ petition and directed the Commissioner, Madurai Corporation, to pay compensation at the market value with interest at 15% per annum from the date of taking possession as claimed by the writ petitioner.

(2.) THE case of the first respondent herein/writ petition is briefly stated here under: According to the writ petitioner, which is a Trust, the property comprised in T. S. No. 2528, Madurai Anupanadi Village in Chinnakanmoi Street, is owned by the Trust. The total extent of the land is 22,098 sq. ft. i. e. 51 cents and the same is nanja land. In 1980, the officials of the Madurai Corporation made an attempt to trespass into the aforesaid land for the purpose of laying two roads, east to west. Anticipating the same, the petitioner sent letters, telegrams to the Corporation. A notice dated 01. 09. 1980 under Section 80 CPC and Section 490 of the Madurai City Municipal Corporation Act was also sent to other respondents. In spite of the protest, the officials of the Madurai Corporation trespassed into the land and laid down a 30 feet road and the total area trespassed by them for the purpose of laying down the road is an extent of 5. 22 cents, i. e. 2,280 sq. ft. After trespass, though the Corporation decided to place a Resolution before the Council Meeting for acquisition of land in occupation and allotment of fund for such acquisition, the compensation amount has not been paid. Thereafter, the petitioner sent various letters/petitions from 1982 to 2000. The Corporation sent reply for few letters/petitions. For the past 20 years, the Corporation did not take any interest for paying the compensation, on the other hand, it requested the petitioner Trust to execute an "inam Sashanam" (Gift Deed ). Thereafter, the Trust sent a letter, dated 05. 01. 1999 requesting the Corporation to pay compensation or to give alternate land by way of exchange. In view of the attitude of the Corporation in not settling the compensation amount inspite of two decades, the petitioner has approached the High Court by sway of a writ petition.

(3.) BEFORE the learned Single Judge, the contesting party, namely Madurai Corporation, the third respondent therein, has not filed counter affidavit. The learned Judge by order dated 31. 10. 2000, after finding that the Corporation was not justified in not paying compensation amount inspite of several requests made by way of letters/petitions, directed the Corporation to verify the market value of the land from the Sub-Registrar's Officer as per the guidelines and determine the compensation amount and pay the same with interest at 15% per annum from the date of taking possession. The learned Judge also directed that the same shall be complied with within four weeks from the date of the order, i. e. 31. 10. 2000. Hence the above appeal.