K VISWALINGAM Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS is one of the unfortunate cases, wherein, even after the acquisition of the properties of the petitioners as early as 1993 and ultimately the reference made under Section 18(1) of the Land Acquisition Act and in respect of enhancement of the compensation, the Civil Court has already passed an order dated 27.01.2006, enhancing the compensation,in-spite of it, the respondents have failed to pay the compensation. In his letter dated 30.05.2008, the Divisional Engineer, National Highways addressed to the second petitioner, states that the Project Director, National Highways Authority of India, Madurai, who maintained the account of the road "National Highway No.7", is alone liable to pay the enhanced amount of compensation. It is a classic example, where the petitioners are made to approach the various authorities and dragged from pillar to post.

(2.) THE lands of the petitioners situated in Samayanallur Village comprising Survey Nos.32/3 C 2, (0.19.0 hectare), 33/4 A 2 (0.09.5 hectare) and 32/6 B 1 (0.14.0) have been acquired for the purpose of construction of Samayanallur Over-bridge by the first respondent and the second respondent is the requisition authority. THEre was an award passed in Award No.1 of 1993 as early as 02.02.1993. THE petitioners have moved the Tribunal for enhancement of compensation in L.A.O.P.Nos.53/95, 60/95 and 59/05 and the Tribunal has enhanced the compensation at the rate of Rs.5,250/- per cent by an order dated 27.01.2006 and the same has become final. In spite of the final order passed by the Tribunal in the above said L.A.O.P., the second respondent has not chosen to pay the compensation to the petitioners.

(3.) IT is made clear that the respondents shall not evade the payment of compensation to the petitioners under the pretext that the responsibility to pay the same lies with somebody else since it has been categorically held by the Tribunal that the respondents in LAOPs are responsible to pay the compensation. No Costs. Consequently, connected M.P. is closed.