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Judgment
Dr. G.Jayachandran, J
Heard the Learned Counsel for the Petitioners and the Learned Additional Government Pleader for the Respondents.
These batch of Writ Petitions are filed with intention to reagitate the Acquisition proceedings, which was heard and decided by this Court in earlier batch of Writ Petitions.
Brief facts of the case:-
(i). The work of Construction of Railway Over Bridge (ROB) at Km 203/2 of VCC road in lieu of existing LC.No.187 at Railway Km 192/300-400 in between Salem Junction and Marked Railway station has been administratively sanctioned for Rs.42.14 crores under Railway Works Programme 2011-2012 as per G.O.Ms.No.200, Highways and Minor Ports (HQ2) department, dated 07.12.2011 by Government of Tamil Nadu for which Technical sanction has been accorded by Chief Engineer (H) Projects, Chennai for Rs.46.35 crores vide CES.No.12/2013-2014.
(ii). The alignment of the ROB has been approved by the alignment committee on 29.04.2013 and the ROB construction work has been commenced in 2014 and 95% of the works got completed in 2017 (19 deck slabs out of 21 deck slabs). The commencement of balance two deck slabs in both approaches of the ROB has been delayed due to various Court cases filed by affected parties in the Land Acquisition seeking Higher Compensation.
(iii). The Land Acquisition award proceedings has been passed by the Land Acquisition Officer/District Revenue Officer, Salem, under Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34/2002) vide Award No.1/2018, ROC.No.9015/2013/B3 on 21.01.2019. The compensation amount has been receive by the willing parties and for the remaining parties who refused or failed to receive the compensation has been deposited in the appropriate Court. Further, notice has been issued to the occupiers by the Department to hand over the possession of the acquired land on 15.02.2019 in accordance with the Tamil Nadu Highways Act, 2001. The parties who refused to receive the amount filed W.P.Nos.5703, 5711, 5712, 5714, 5715, 5718 and 6555 of 2019 challenging the said notice.
The Hon'ble High Court of Madras in the above batch of Writ Petitions vide its judgment dated 21.03.2019, passed the following order:-
"2. It is the case of the petitioner that the respondent acquired her land for the purpose of constructing over bridge across the railway gate No.187 Leigh Bazaar, Suramangalam Main Road to Sandhaipettai Main Road and the notification was issued under Section 15(2) and 15(3) of the Tamil Nadu Highways Act, for acquiring shops and buildings. According to her, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2012 hereinafter referred to as 'Act 30 of 2013' came into force in order to ensure a humane participative, transparent process in land acquisition proceedings. However, fair compensation had not been paid to her. Hence, the petitioner along with other affected parties, seeking fair compensation, have filed Writ Petitions in W.P.Nos.17571 & 18453 to 18457 of 2017 before this Court, and this Court, by a common order dated 25.01.2018 has allowed those writ petitions. The relevant portion of the said order is extracted hereunder:
"In conclusion, this petition is allowed with a modification that the land acquisition authority shall issue appropriate notices to the petitioners for holding enquiry for determining the compensation payable within a period of four weeks from the date of receipt of a copy of this order, and pass an award within four months in accordance with spirit behind Section 105-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), which make relevant the application of provisions intended for payment of compensation and providing rehabilitation or resettlement under Sections 26 to 30 of the said Act. The respondent shall not take possession of the property, or disturb their possession unless at least 50% of the award amount is paid. No costs. Consequently, connected Miscellaneous Petitions are closed."
Despite the specific direction, the respondents failed to comply with the order of this Court and hence, the petitioners in the above said petitions, filed contempt petition No.810 of 2018 before this Court. This Court, while dealing with the Contempt Petition by order dated 28.04.2018 has observed as follows:
"The learned counsel for the petitioner further submitted that the petitioner would be appearing before the District Revenue Officer on 07.05.2018 at 11.00 a.m in the Office of the District Revenue Officer, Collectorate, Salem. In the matter of fixation of market value of the property, the Authority shall receive such evidence as are made available by the petitioner and quantify the compensation strictly in accordance with law."
As per the above referred order, the petitioner appeared for the enquiry and an award has also been passed. However, the petitioner was shocked to receive the impugned notice from the eighth respondent stating that the petitioner has to vacate the premises immediately after the receipt of notice or the respondent will evict the petitioner at his cost, if any objection, the same should be given within seven days. Challenging the said order, the petitioner has come out with the present writ petition.
Mr.Silambanan, learned Senior Counsel appearing for the petitioner drew the attention of this Court to Section 38 of the Act 30 of 2013, which is usefully extracted hereunder:
"38. Power to take possession of land to be acquired-(1) The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award made under section 30.
Provided that the components of the Rehabilitation and Resettlement Package in the Second and Third Schedules that relate to infrastructural entitlements shall be provided within a period of eighteen months from the date of the award.
Provided further that in case of acquisition of land for irrigation or hydel project, being a public purpose, the rehabilitation and resettlement shall be completed six months prior to submergence of the lands acquired.
(2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families."
By relying upon the said provisions, the learned Senior Counsel submitted that, the respondent has not paid compensation, but passed the impugned order for eviction. Hence, the impugned proceeding is unsustainable.
On the last hearing i.e., on 28.02.2019, the learned Government Pleader appearing for the respondents 1 to 3 and 6 to 8 would submit that steps have been taken to deposit the compensation amount before the Civil Court under Section 21 of the Tamil Nadu Highways Act, but the same were returned due to certain defects.
When the matter came before this Court today, the learned Additional Government Pleader has placed a communication in ROC.No.9015/2013/B3 dated 16.03.2019 of the Land Acquisition Officer/District Revenue Officer, Salem to the Government Pleader (Land Acquisition) and the relevant portion of the said communication is extracted hereunder:
"I also wish to inform that there are 46 survey field, comprising an extent of 970.0 sq.mtr has been acquired in the said award. Out of 46 survey fields land owners of 29 survey fields objected the land acquisition and not produced their documents bearing their rights on the acquired land during award enquiry. So, we could not finalise their portion of land/building acquired in the proceedings. So, the total compensation for those 29 survey fields (Rs.65877729/-) has been deposited in the court of 1st additional subordinate judge, salem under section 22(3) and 23 of Tamil Nadu Highways Act 2001 (Tamil Nadu Act 34/2002). The Payment of Compensation for the remaining 17 survey fields has been deposited in the land owners bank account through ECS on 29.01.2019. The copy of the ECS statement and confirmation letter given by the District Treasury Officer is enclosed herewith for your perusal."
The leaned Additional Government Pleader would submit that the seventh respondent has rectified the above said defects and deposited the compensation amount before the First Additional Subordinate Court, Salem in LAOP.No.15 of 2019. The relevant portion of the above cited ROC.No.9015/2013/B3 dated 16.03.2019 is extracted hereunder:
"In the reference 6th cited the 29 cheques which were deposited on 06.03.2019 in the Court of 1st Additional Subordinate Judge, Salem were returned by the Hon'ble Judge on 07.03.2019 and received by this office on 14.03.2019. The Hon'ble 1st Additional Subordinate Judge returned those 29 cheques on a presumption that appellate authority for the land acquisition under Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 is the Principle District Court, Salem. Subsequently, it is clarified and resubmitted to the 1st Additional Subordinate Judge, Salem that land acquisition proceedings in the said award has been initiated and passed under Tamil Nadu Highways Act 2001 (Tamil Nadu Act 34/2002). Moreover, it is also submitted that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 is not applicable in the question of land acquisition under Tamil Nadu Highways Act 2001 (Tamil Nadu Act 34/2002)[Era, Soundarapandian Vs.State of Tamilnadu, 2016(2) MLJ 357].
The resubmitted cheques (29 cheques) with award copy is accepted by the 1st Additional Subordinate Court and acknowledged and assigned LAOP No.15/2019 for the same on 14.03.2019."
The learned senior counsel for the petitioner had objected that the Civil Court has wrongly assigned single LAOP.No.15 of 2019 instead of assigning individual LAOPs as the claimants are the different land owners and for different survey numbers.
Insofar as the claim made by the petitioner for non-payment of compensation is concerned, since the seventh respondent has deposited before the civil court as stated by the leaned Additional Government Pleader, this court is of the view that no further order is required to be passed in this matter.
However, it is open for the petitioner to work out her remedy, if any, before the concerned Civil Court. Further,the petitioner is directed to vacate the premises within 30 days from today, failing which, the respondents shall take action in accordance with law."
After the disposal of the Writ Petitions, challenging the order dated 21.03.2019, the present set of Writ Petitions filed by few land owners to quash the G.O.Ms.No.206, Highways and Minor Ports (HP1)
Department, dated 06.12.2018 and consequential impugned award proceedings dated 21.01.2019, which is nothing but starting the litigation from square one. The averments made in the affidavits filed along with the petitions are to reopen and re-agitating the issue which has been decided in the earlier round of Writ Petitions filed by the land owners/persons interested in the land.
Under G.O.Ms.No.188, dated 04.08.2017 Government notified the land under acquisition for Railway over bridge (ROB), under Section 15(2) of the Tamil Nadu Highways Act. Earlier, when the land measured for acquisition, it was challenged by association in W.P.No.26890 of 2014, same was dismissed for want of locus standi. Later, few individuals questioned the vires of the acquisition, few others challenged the quantum of compensation to be given. This Court, while upholding the Acquisition, ordered the respondents to pay compensation as per RFCTLARR Act, 2013.
The some of the land owners aggrieved that compensation not paid, as per the direction of this Court made in W.P.No.17571 of 2017 filed W.P.No.27660 of 2018, to conduct enquiry and pass award. In the said Writ Petitions, this Court passed the following direction.
"Considering the circumstances, as the enquiry already completed and the enquiry proceedings was also submitted before the Government, and the 1st respondent has also submitted his details objections in the award enquiry, I am of the view, it is suffice to direct the petitioners 2 to 8 to appear before the 7th respondent, and submit their written objections, within a period of one week from the date of receipt of the copy of this order. On receipt of the written objections from the petitioners 2 to 8, the 7th respondent is directed to submit their objections immediately before the 6th respondent enabling the Government to pass orders on their objections."
While the land owners after realising their challenge to the acquisition proceedings unsustainable, in W.P.No.27660 of 2018 had sought for compensation as per RFCTLARR Act and Rules framed thereunder, after hearing their objections. In the counter filed by the 7th respondent, it is stated that for the following 8 Writ Petitions, the compensation amount as per RFCTLARR Act, 2013 has been awarded and same has been deposited.
Sl. No
Name of the petitioners
Award enquiry notice issued to
Award enquiry notice received by
Attended award enquiry on 27.03.2018
Total Compensation deposited in Court on 14.03.2019
Cheque No. dated 12.02.2019
1.
S.Pushpa W/o.V.Shanmugam in W.P.No.11755 of 2019
S.Pushpa
K.P.Ramkumar (Neighbourhoo d of puhspa)
Neither appeared for award enquiry nor produced relevant documents
1806042.00
780211
1618981.00
780210
2.
S.Lakshmanan S/o.B.Shanmugam, in W.P.No.11770 of 2019
Lakshmanan & Ramasamy
Lakshmanan
Neither appeared for award enquiry nor produced relevant documents
1589128.00
780209
3.
Duraisamy, S/o.Jayarman, in W.P.No.11782 of 2019
Sanjeev Partners Santhanathan, Thiyagarajan
Duraisamy
Neither appeared for award enquiry nor produced relevant documents
3915114.00
780213
4.
V.Nagarajan, S/o.Viswanatha Chettiyar, in W.P.No.11785 of 2019
Rajendran, Savaithiri & Nagarajan
Rajendran (brother of Nagarajan)
Neither appeared for award enquiry nor produced relevant documents
2170515.00
780190
5.
1.Thiru.Arivanandh am,
2.Masilamani, 3.Selvaraj, 4.Nithyanantham, in W.P.No.11874 of 2019
1.Arivanandham 2.Masilamani, 3.Selvaraj, 4.Nithyanantham
Arivanandham
Neither appeared for award enquiry nor produced relevant documents
4950508.00
780212
6.
K.P.Ramkumar, S/o.Pandurangan (Late), in W.P.No.11874 of 2019
K.P.Ramkuma
K.P.Ramkumar
Neither appeared for award enquiry nor produced relevant documents
392790.00
780191
7.
Rajadasappan, S/o.Ramanathan, in W.P.No.11879 of 2019
Ramanathan, Seenivasaragavagu pta, Baskarprabhakara, Rajadasapa Subramanian and Rajadasapan
Arivanandham (neighbourhood of Arivanandham)
Neither appeared for award enquiry nor produced relevant documents
3435216.00
780198
8.
1.V.Dhanagopalan, S/o.Varadarajalu,
2.V.Dhanagopalan, in W.P.No.11881 of 2019
1.Ramalingam,
2.Eswaran,
3.Dhanagopalan &
4.Santhi
Selvaraj (brother of Dhanagopalan)
Neither appeared for award enquiry nor produced relevant documents
4810222.00
780201
Similarly, in the other set of six Writ Petitions, the 7th respondent, in the counter, has reiterated the factual position and thelegal battle between the Land owners and the Land Acquisition Authority and had stated that, after due process of law as contemplated in the Highways Act, 2001, after notification in the Government Gazette dated 23.08.2017, the subject lands were acquired. Draft award was approved by the Government as per the G.O.Ms.No.206, Highways and Minor Ports Department, dated 06.12.2018. Final Award was passed on 21.01.2019 following the Rules governing award of compensation. During the award enquiry, for the land owners who appeared and produced relevant documents, the compensation amount was immediately deposited into their Bank Account through ECS. The Writ Petitions mentioned below, failed to appear nor failed to produce documents to prove their ownership or failed to furnish bank Account details. Therefore, the amounts are deposited in the Court on 14.03.2019 as stated below:-
Sl. No.
Name of the petitioners
Award enquiry notice issued to
Award enquiry notice received by
Attended award enquiry on 27.03.2018
Total Compensation deposited in Court on 14.03.2019
Cheque No. dated 12.02.2019
1.
Arumugam, S/o.Vellaiyagounder, A.Jayalakshmi, W/o.Arumugam, in W.P.No.11782 of 2019
Arumugam, S/o.Vellaiyagounder A.Jayalakshmi, W/o.Arumugam,
V.Arumugam
2
S.Dheenadayanithi, S/o.Selvarajin, in W.P.No.11877 of 2019
S.Dheenadayanithi
Selvaraj
Neither appeared for award enquiry nor produced relevant documents
1098520
780204
3
J.Sundaram, S/o.Jayaraman, in W.P.No.11880 of 2019
J.Sundaram
J.Sundaram
Neither appeared for award enquiry nor produced relevant documents
5230768
780202
4
Perumal, S/o.Madapachettiyar in W.P.No.139668 of 2019
Perumal
Perumal
Neither appeared for award enquiry nor produced relevant documents
2071754
780189
5
Sakthivel, Kannaiyan, in W.P.No.13974 of 2019
Kannaiyan, Sakthivel
Sakthive
Neither appeared for award enquiry nor produced relevant documents
689075
780207
6
Baskaran, S/o.Venkatachalam, in W.P.No.13987 of 2019
Thiyagarajan, Nagarajan, V.Baskaran
V.Baskaran
Neither appeared for award enquiry nor produced relevant documents
3436247
780189
The 7th respondent/The Land Acquisition Officer, District Revenue Officer, Salem, in the counter, has verified that the compensation has been arrived as per the direction of this Court passed in W.P.No.27660 of 2018. The Land has been taken over and Railway Over Bridge (ROB) work almost completed. At this stage, the petitioners cannot reagitate the acquisition proceedings. The validity of G.O.Ms.No.206 and the manner in which award to be fixed are matters settled in the earlier round of Writ Petitions. The compensation also now arrived and deposited. The petitioner, right to claim adequate compensation in accordance with law alone now to be ensured.
If the petitioners are able to prove their respective entitlement for compensation, they are bound to get it. It appears, after due enquiry, the compensation amount has been arrived and same is deposited in the respective account, in the Court mentioned. If any of the above petitioners are not satisfied with the award amount, they are at liberty to approach the District Collector, Salem, under Section 20 of Tamil Nadu Highways and Minor Department Act, for Higher compensation, within 60 days from the receipt of this order copy. If any, such application made by the petitioners herein, the District Collector, Salem shall refer the same to Court for determination forthwith, without any delay.
With the aforesaid said liberty, the Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.