TAMIL NADU HOUSING BOARD REP BY ITS EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER Vs. ABDUL SALAM SARKAR

JUDGEMENT

(1.) This Civil Revision Petition is filed by the Tamil Nadu Housing Board represented by its Executive Engineer and Administrative Officer, Vellore Housing Unit, Vellore challenging the order of attachment attaching the Bank account of the Revenue Divisional Officer and District Collector of Thiruvannamalai and also the vehicle belonging to the District Collector apart from the furnitures in the Collector's Office.

(2.) The genesis of the above revision is the acquisition of the lands belonging to the respondents herein for construction of house under the Mini Neighbourhood Scheme by the revision petitioner herein. The Land Acquisition Officer by his award dated 18.09.1987, had fixed a compensation of 50 Paise per sq.ft for dry lands and Rs. 1.46/- for irrigated lands. Possession of the lands was also taken on 23.11.1987. Thereafter, on a reference being made to the Principal Sub Court, Thiruvannamalai under the provisions of Section 18 of the Land Acquisition Act in L.A.O.P.No.57 of 1988. The learned Principal Subordinate Judge, Thiruvannamalai by his judgment dated 26.07.1990, enhanced the compensation to a sum of Rs. 12/- per Sq.ft. Challenging this judgment and decree, the revision petitioner filed A.S.No.884 of 1991. By a judgment dated 107.2001, this Court had confirmed the order passed by the learned Principal Subordinate Judge, Thiruvannamalai. Cross Objection No.135 of 1992 filed by the respondents herein was also dismissed by this Court.

(3.) The Bench of this Court had directed that the claimants would be entitled to 30% solatium on the market value of the land acquired along with an additional amount at the rate of 12% per annum from the date of the Section 4(1) Notification till date of passing of the award or delivery of possession whichever is earlier. The Bench had granted interest at the rate of 9% per annum from the date of possession for a period of one year and thereafter, at the rate of 15% per annum till the date of deposit. Since the issue regarding the grant of interest on solatium was then pending before the Larger Bench of the Honourable Supreme Court, this Court had not granted interest on solatium, but granted liberty to the respondents to file an appropriate petition before the concerned Sub Court depending upon the outcome of the case before the Supreme Court. The revision petitioner had filed Special Leave Petitions before the Honourable Supreme Court in S.L.P.Nos.15884 & 15885 of 2004. These Special Leave Petitions were dismissed by order dated 22.02004.