✦ High Court of India · 04 Apr 2024

In fact in the case of Executive Engineer, Tamil Nadu Housing Board v. Saraswathiammal and others, reported in MANU/TN/

Case Details High Court of India · 04 Apr 2024

Court

High Court of India

Decided

04 Apr 2024

Bench

SUBORDINATE LEARNED SUBORDINATE

Length

1,503 words

Acts & Sections

Code of Civil Procedure §115

CRP(NPD).No.2142 of 2022IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:04.04.2024CORAM:THE HONOURABLE MR.JUSTICE P.DHANABALCRP(NPD).No.2142 of 2022and CMP.No.11081 of 2022The Executive Engineer,Tamilnadu Housing Board,Tatabad,Coimbatore-600 012.... PetitionerVs.1.N.Balasubramaniyam2.S.Giridharan3.Raghuram4.Jeyaram5.The Special Tahsildar(Land Acquisition), Housing scheme Unit-III, Coimbatore. ... RespondentsPrayer: This Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, to set aside the docket order dated 05.01.2022 passed in E.P.No.845 of 2016 in LAOP No.244 of 1990 on the file of the II Additional Subordinate Court, Coimbatore. For Petitioner: Mr.C.Kalaichelvan For R1 to R4: Mr.Kandhan DuraisamiFor R5: Dr.S.Suriya Additional Government Pleader1/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022ORDERThis Civil Revision Petition has been filed as against the order passed in E.P.No.845 of 2016 in LAOP No.244 of 1990, wherein the respondents 1 to 4 herein has filed execution petition in E.P.No.845 of 2016 in LAOP No.244 of 1990 before the learned II Additional Subordinate Court, Coimbatore and the Execution Court has passed order dated 05.01.2022.2. The lands comprised in S.F.Nos.37, 38/1 etc of Ganapathy Village measuring to an extent of 30.82 acres was notified for acquisition to formation of Ganapathy Neighbourhood Scheme. The Notification under section 4(1) of the Land Acquisition Act was issued on 18.08.1983 and draft declaration under section 6 of the Land Acquisition Act was approved on 03.02.1986. After following due process of land acquisition proceedings, the Award was passed in Award No.3/87 dated 06.05.1987 by the Land Acquisition Officer. The possession of the lands were handed over to Tamilnadu Housing Board on 17.06.1987. The compensation was fixed at Rs.200/- per cent and the owners of the land objected for higher compensation. During the award enquiry, the reference under section 18 of the Land Acquisition Act, was made to the learned Subordinate Judge, 2/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022Coimbatore in L.A.O.P.No.244 of 1990. The learned Subordinate Judge, enhanced the compensation and fixed rate of Rs.6000/- per cent through order dated 29.04.2005. The said order was challenged through appeal in A.S.No.963 of 2005 before this Court and this Court fixed compensation of Rs.2000/- per cent by its order dated 21.12.2009. Aggrieved by the order of this Court, the land owners filed an appeal before the Hon'ble Supreme Court in SLP.No.25939 of 2010. Before that, as per the interim direction of this Court, the petitioner herein has deposited a sum of Rs.1,44,15,460.26/- before the Sub Court, Coimbatore. The Hon'ble Supreme Court in its order dated 14.10.2014 has enhanced the compensation for the acquired land and fixed at Rs.6000/- per cent in addition to statutory benefits. The 5th respondent herein has filed Review Petition before the Supreme Court in Rev.Petition No.3076 to 3081 of 2015 and the same was dismissed on 4.11.2015.3. In the mean while, the respondents 1 to 4 herein has filed execution petition against the petitioner before the II Additional Sub Court Coimbatore in E.P.No.845 of 2016 in LAOP.No.244 of 1990 claiming a sum of Rs.2,49,81,218/- and sought for attachment. The petitioner had 3/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022calculated the enhanced compensation as per the Judgment reported in (2001) SCC 211 in Sundar Vs.Union of India and the land owners are entitled to get interest on solatium and additional market value from 19.09.2001 not for any prior date. Based on the aforesaid judgment, the enhanced compensation of Rs.2,31,95,710.57/- was paid before the Sub Court on 18.1.2016.Without considering the aforesaid calculation, the E.P Court has ordered to deposit a sum of Rs.2,49,81,218/-through order dated 05.01.2022. The interest has been calculated on the land value from the date of taken possession till 18.09.2001 and interest for the land value + solatium + 12% additional market value with effect from 19.09.2001 till the date of deposit. The amount, if already paid to the respondents, have been adjusted. The Referring Officer has already deposited the final amount of Rs.3,76,11,170.83/- towards the enhanced compensation to the respondents. The Government also issued G.O.Ms.No.401, Revenue and Disaster Management (LA-I(1)) Department, dated 12.10.2018, in respect of the interest. Therefore, the order passed by the E.P Court is liable to be set aside.4. According to the respondents 1 to 4, balance amount is due and 4/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022thereby, they filed the execution petition before the Executing Court and the Executing Court also, after verifying the calculation memo filed by both the parties, ordered to deposit the balance amount. Therefore, the order passed by the trial Court/Executing Court is in order.5. When the matter was taken up for hearing today, learned counsel for both sides represented that the similar matters were taken up by this Court through various civil revision petitions and already order was passed by this Court and this matter also covered by those judgments and also produced a copy of one of the judgments in CRP.No.1309 of 2022 dated 17.08.2022. In that order, it is observed that, the Reference Court has made it explicit about that entitlement of interest and also the date from which the interest should be calculated. Under such circumstances, the Executing Court has no power to go beyond the decree and presumed by itself that the awardees are entitled to interest only from 19.01.2001. However, it is upto the parties to wait till the outcome of S.L.P No.6928 of 2021 pending before the Honourable Supreme Court. With the above observations, the Civil Revision Petition is dismissed and the order dated 15.03.2002 passed by the learned Judge, II Additional subordinate Court, 5/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022Coimbatore in E.P.No.309 of 2017 in L.A.O.P.No.299 of 1991 is hereby confirmed.6. The learned Judge had elaborately discussed in the order in CRP.No.1309 of 2022 dated 17.08.2022. The relevant para No.17 to 19 are extracted as follows:"17. In fact in the case of Executive Engineer, Tamil Nadu Housing Board Vs. Saraswathiammal and others, reported in MANU/TN/1351/2021, the very same subject matter of acquisition in Ganapathy village of Coimbatore has been dealt. In the said case the Housing Board was contesting about the entitlement of interest by claiming that the claimants are entitled to interest only from the date of judgment of Sunder's case dated 19.09.2001. However, the Court has categorically held that the date of judgment of Sunder's case will not be applicable to those cases where the award itself has a specific and explicit reference about the entitlement of interest and also about the date from which the interest should be awarded. In the said case, the Hon'ble Mr. Justice R.Subramanian, has dealt at length about the date from which the interest should be awarded. It is made clear that if the award specifies the date from which the interest is due, then there is no necessity to 6/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022assume the date as done in Gurupreeth Singh's case. 18. The relevant portion of the judgment in the case of Executive Engineer, Tamil Nadu Housing Board Vs. Saraswathiammal and others, reported in MANU/TN/1351/2021 reads as under:"17. As already pointed out, the awards of the Reference Court in these cases were passed in April 2005 and the awards specifically directed payment of interest on the solatium and the additional amount. The said grant was confirmed by this Court in the Appeals and by the Hon'ble Supreme Court in the Civil Appeals. I therefore do not think that para 44 of the judgment in Gurpreet Singh v Union of India (supra) could be invoked by the Housing Board to deny interest on the solation and the additional amount for the period between the date of taking possession and the date of judgment in Sunder v. Union of India (supra). Hence the first contention of the learner Additional General stands rejected."19. In view of the above judgment, there need not be any quarrel as to the application of the starting date for interest for the acquisitions made in Ganapathy Village, Coimbatore. However, it is claimed that the judgment of this Court held in Executive Engineer, Tamil Nadu Housing Board Vs. Saraswathiammal and others, (as stated supra) has been challenged before the Supreme Court in S.L.P No.6928 of 2021. As of now, the said judgment is not stayed and hence, these Civil Revision 7/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022Petitions can also be disposed in the line of Executive Engineer, Tamil Nadu Housing Board Vs. Saraswathiammal and others, (as stated supra) by concluding that the first. mpondents entitlement of interest cannot have any other cut off date than what is mentioned in the award by the Reference Court itself."7. Since this case is covered by judgment of this Court in the batch cases in CRP.No.1309 of 2022 and in view of the above order passed by this Court, it is appropriate to dismiss the civil revision petition by confirming the order dated 05.01.2022 passed in E.P.No.845 of 2016 in LAOP No.244 of 1990 on the file of the II Additional Subordinate Court, Coimbatore. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.mpa04.04.2024Index : Yes / NoSpeaking Order: Yes / NoNeutral Citation Case : Yes/NoTo1.The II Additional Subordinate Court, Coimbatore.2.The Special Tahsildar(Land Acquisition), Housing scheme Unit-III,8/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 2022 Coimbatore.P.DHANABAL,J.,mpaCRP(NPD).No.2142 of 2022and CMP.No.11081 of 20229/10 https://www.mhc.tn.gov.in/judis CRP(NPD).No.2142 of 202204.04.202410/10

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