The High Court granted an interim stay on the execution of three Land Acquisition Awards dated April 8, 2015. The stay is conditional upon the petitioner depositing the entire compensation amount and statutory benefits within twelve weeks.
Interim stay granted on execution of Awards dated 8 April 2015 subject to deposit of compensation within 12 weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Friday, the Thirteenth day of October Two Thousand Seventeen
PRESENT
THE HON`BLE MR JUSTICE K.K. SASIDHARAN
AND
THE HON`BLE MR JUSTICE P. VELMURUGAN
CMP Nos.14655,14657 and 14659 of 2017
IN AS.NOs.420 to 422 of 2017
1 THE DISTRICT REVENUE OFFICER- [ PETITIONER IN ALL THE PETITIONS ] CUM- LAND ACQUISITION OFFICER, VELLORE DISTRICT
Vs
SUBRAMANI [ RESPONDENT IN CMP.14655 OF 2017
IN AS.420 OF 2017]
KUMARESAN [ RESPONDENT IN CMP.14657 OF 2017 IN AS.421 OF 2017] ELLAMMAL [ RESPONDENT IN CMP.14659 OF 2017 IN AS.422 OF 2017]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to stay the execution of the judgment and decree passed in LAOP No. 78/2015 dated 08/04/2015 on the file of the AS SR No. 3568/2017 (in CMP No.14655 of 2017) pending disposal of the above AS.420 of 2017.
(ii) To stay the execution of the judgment and decree passed in LAOP No. 79/2015 dated 08/04/2015 on the file of the AS SR No. 3565/2017 ( in CMP.NO.14657 of 2017) pending disposal of the above appeal AS.421 of 2017; and
(iii)To stay the execution of the judgment and decree passed in LAOP No. 80/2015 dated 08/04/2015 on the file of the AS SR No. 3562/2017 ( in CMP.No.14659 of 2017) pending disposal of the above AS.No.422 of 2017 respectively.
Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of MR.P.GUNASEKARAN,
ADDL GOVERNMENT PLEADER, for the petitioner the court made the following order:-
There shall be an order of interim stay of the execution of the Award dated 8 April 2015 in LAOP Nos. 78 to 80 of 2015, subject to the condition that the petitioner shall deposit the entire compensation amount awarded by the Reference Court along with all statutory benefits, payable to the claimants as per the Award, within a period of twelve weeks from the date of receipt of a copy of this order, failing which, the interim stay granted shall stand vacated automatically without any further reference to this Court.
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104. TO
1 THE SPECIAL SUBORDINATE JUDGE VELLORE, VELLORE DISTRICT.
C.C. to K.ELANGOO, Advocate on payment SR.NO.13321
The Government Pleader, High Court, Madras – 104. SR.No.13363
in
CMP Nos.14655,14657 and 14659 of 2017
IN AS.NOs.420 to 422 of 2017
Date :13/10/2017
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (24/10/2017)
2 issues framed by the court
Whether the execution of the Land Acquisition Award should be stayed pending disposal of the appeal.
Whether a condition precedent for such stay involves deposit of the award amount.
The District Revenue Officer
Subramani
Kumaresan
Ellammal
K.K. Sasidharan
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
