UNION OF INDIA, REP BY COMMISSIONER (HRI) GOVT OF UNION TERRITORY OF PONDICHERRY Vs. MANEPALLI KRISHNAMURTHY AND OTHERS

JUDGEMENT

(1.) The above appeal arises out of proceedings under Section 30 of the Land Acquisition Act. An extent of about 2 Hectares and 68 cents belonging to Sri Raja Rajeswara Swami Temple and Venkateswara Swami Temple at Yanam were acquired by the Government of Puducherry for allotment of free house sites to landless labourers. The award came to be passed in Award No.01 on 31.10.2007, fixing the compensation payable to the said land at Rs.93,87,136/-.

(2.) The Land Acquisition Officer, viz. Deputy Collector (Revenue), Yanam, made a reference, under Section 30 of the Land Acquisition Act, since the land owner/interested persons failed to produce original documents along with a Nil Encumbrance Certificate for claiming compensation and the respondents 1 to 3 made a rival claim. Upon the reference being made the same was numbered as LAOP No.5/2009 and the respondents/claimants filed their respective claim petitions.

(3.) In the reference proceedings, viz. LAOP No.5/2009, the Archakas of the temples in question namely the rival claimants were impleaded as claimants 3 to 5. The President of the Board of Trustees of the temples, viz. claimants 1 and 2 in their claim statement would contend that the lands belong to the temple and that there is no dispute regarding the title to the said property. According to him, the Archakas of the temple have unnecessarily made a claim, it is also claimed that the right of the temple was recognised by the Archakas even as early as on 15.02.1945. The property stood in the name of the temples in the Revenue as well as the other Public Records. The administration and management of the temples is vested with the President of Sri Venkateswara Devasthanam Group of Temples since both the temples are under the Management of the Board of Trustees of Sri Venkateswara Swami Temple , it was claimed that the compensation may be awarded to the President of Sri Venkateswara Devasthanam Group of Temples . It is also claimed that if the compensation is paid to the Archakas, who are claimants 3 to 5, there are every chances of them appropriating the compensation to themselves and in the event of their failure to perform their duties, the temple will be deprived of the income from the properties in question. The Archakas at best are only entitled to salaries, as such, they are not entitled to claim a share in the compensation of the temple. It is also claimed that reference under Section 18 of the Land Acquisition Act has also been sought for by the temples.