EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. C MUTHUSAMY

JUDGEMENT

(1.) AGGRIEVED by the Common Order of the learned single Judge, dated 17.08.2005, made in Writ Petition Nos.26085 and 26086 of 2005, directing the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Erode, to refer the matter under Section 18 of the Land Acquisition Act to the appropriate Civil Court for enhancement of compensation, the Executive Engineer and Administrative Officer, Erode Housing Unit, Tamil Nadu Housing Board, ie., the third respondent therein, has filed the above Writ Appeals.

(2.) RESPONDENTS herein/writ petitioners approached this Court for the issuance of writs of mandamus, directing the respondents therein to refer Award Nos.5 and 3 of 1985 (LA Nos.25 and 10 of 1982), dated 29.11.1985 and 28.11.1985, for determination of true market value of their lands under Section 18 of the Land Acquisition Act by considering their legal notice dated 04.05.2005. According to them, their lands were acquired by the Government for formation of a housing scheme and finally, awards were passed by the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Erode, as referred to above. It is their specific case that they were not agreeable for the amount fixed by the Tahsildar and prayed for reference under Section-18 of the Act to the competent Civil Court. It is their further case that all along, they awaited that the Special Tahsildar would pass a favourable order and that, in the absence of any communication from him, after sending legal notice on 04.05.2005, they filed Writ Petitions before this Court on 09.08.2005. The learned Judge, after noting a reference in the Award itself that the writ petitioners and the father of 4th petitioner appeared in the award enquiry, received the compensation amount under protest and requested to make a reference to the Civil Court for enhancement of the compensation under Section 18 of the Act, directed the 2nd respondent/Special Tahsildar to refer the matter under Section-18 of the Act to the appropriate Civil Court for enhancement of compensation within 6 weeks from the date of receipt of copy of the order.

(3.) BEFORE parting, we intend to add that courts always have shown a flexible approach towards the claimants/land owners in view of the reason that their lands have been taken away by the State, and in some cases, the lands might be their sole source of income. However, in cases like the ones on hand, such a soft approach cannot be adopted since courts decide the matters dispassionately with judicial sense rather than compassionate sense, hence, the acute lethargy on the part of the parties concerned in sleeping over the matter without any care therefor, cannot be viewed slightly and somewhere, we have to draw a line, as otherwise, it would set a bad trend for others. Hence, we have no other option but to dismiss the claim of the respondents/writ petitioners. In the light of what is stated above, we accept the stand taken by the appellant/Housing Board and set aside the common order dated 17.08.2005 in WP Nos.26085 and 26086 of 2005. Writ Appeals are allowed. No costs.