Partly allowed

Land Acquisition Officer & v. Siddhamal

Madras HC13 Oct 2017CMP/14710/2017

Case brief

AI extract

What is this about?

The High Court granted an interim stay on the execution of multiple land acquisition awards passed in 2013. The court directed the petitioner to deposit 50% of the compensation within eight weeks and permitted claimants to withdraw one-third of the award amount without security.

What did the court decide?

Stayed execution of awards subject to 50% deposit; permitted claimants to withdraw one-third of the award without security; balance amount to be deposited in a bank.

Land Acquisition Officer & Vs Siddhamal — Land Acquisition | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Civil Appellate Jurisdiction )

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Friday, the Thirteenth day of October Two Thousand Seventeen

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PRESENT

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THE HON`BLE MR JUSTICE K.K. SASIDHARAN

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AND

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THE HON`BLE MR JUSTICE P. VELMURUGAN

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CMP No.14710 to 14719 of 2017

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IN AS.454 to 463 of 2017

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1 LAND ACQUISITION OFFICER & [ PETITIONER in all the petitions] REVENUE DIVISIONAL OFFICER, DHARMAPURI.

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Vs 1 SIDDHAMAL [ RESPONDENT in CMP No.14710 of 2017 ] 1 VIJAYA [ RESPONDENT in CMP No.14711 of 2017 ] 1 MUNIYAMMAL [ RESPONDENT in CMP No.14712 of 2017 ] 1 DEVI [ RESPONDENT in CMP No.14713 of 2017 ] 1 NAGAJOTHI [ RESPONDENT in CMP No.14714 of 2017 ] 1 LAKSHMI [ RESPONDENT in CMP No.14715 of 2017 ] 1 CHINNAMUTHU [ RESPONDENT in CMP No.14716 of 2017 ] 1 MUNIYAMMAL [ RESPONDENT in CMP No.14717 of 2017 ] 1 MADALINGAM [ RESPONDENT in CMP No.14718 of 2017 ] 1 CHINNAPAPPA [ RESPONDENT in CMP No.14719 of 2017 ]

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to

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(1) To stay the execution of the Decree passed in LAOP No. 56 of 2013 dated 22/07/2016 on the file of the Sub Court, Dharmapuri (in CMP No.14710 of 2017)

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(2) To stay the execution of the Decree passed in LAOP No. 57 of 2013 dated 22/07/2016 on the file of the Sub Court, Dharmapuri (in CMP No.14711 of 2017 )

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(3) To stay the execution of the Decree passed in LAOP No. 58 of 2013 dated 22/07/2016 on the file of the Sub Court, Dharmapuri (in CMP No.14712 of 2017)

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(4) To stay the execution of the Decree passed in LAOP No. 60 of 2013 dated 22/07/2016 on the file of the Sub Court, Dharmapuri (in CMP No.14713 of 2017)

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(5) To stay the Execution of the decree passed in LAOP No. 62/2013 dated 22/07/2016 on the file of the Court of Subordinate Judge, Dharmapuri (in CMP No.14714 of 2017)

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(6) To stay the Execution of the decree passed in LAOP No. 63/2013 dated 22/07/2016 on the file of the Court of Subordinate Judge, Dharmapuri (in CMP No.14715 of 2017)

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(7) To stay the Execution of the decree passed in LAOP No. 64/2013 dated 22/07/2016 on the file of the Court of Subordinate Judge, Dharmapuri (in CMP No.14716 of 2017)

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(8) To stay the Execution of the decree passed in LAOP No. 65/2013 dated 22/07/2016 on the file of the Court of Subordinate Judge, Dharmapuri (in CMP No.14717 of 2017)

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(9) To stay the Execution of the decree passed in LAOP No. 67/2013 dated 22/07/2016 on the file of the Court of Subordinate Judge, Dharmapuri (in CMP No.14718 of 2017)and;

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(10) To stay the Execution of the decree passed in LAOP No. 68/2013 dated 22/07/2016 on the file of the Court of Subordinate Judge, Dharmapuri (in CMP No.14719 of 2017)pending disposal of the above AS.454 to 463 of 2017 respectively.

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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 GOVT PLEADER (AS), for the petitioner in all the petitions and of M/S.S.C.VISHWANTH, Advocate on behalf of the Respondents in each of the petitions the court made the following order:-

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Heard the learned Additional Government Pleader on behalf of the petitioner and the learned counsel for the claimants.

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There shall be an order of interim stay of the execution of the Award passed in the land acquisition original proceedings, subject to the condition that the petitioner shall deposit 50% of the compensation amount awarded by the Reference Court along with all statutory benefits, including interest, within a period of eight weeks from the date of receipt of a copy of this order, failing which, the interim stay granted shall stand vacated

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automatically without any further reference to this Court.

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The claimants are permitted to withdraw one third of the Award amount along with statutory benefits proportionately without furnishing security. The remaining amount shall be deposited in a nationalised bank in an interest bearing account initially for a period of one year with a provision for automatic renewal once in a year.

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The Miscellaneous Petitions are disposed of with the above direction.

-sd/-

13/10/2017

/ TRUE COPY /

Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

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1 THE SUBORDINATE JUDGE DHARMAPURI

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C.C. to M/S.S.C.VISHWANTH, Advocate on payment of necessary charges

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The Government Pleader, High Court, Madras - 104.

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Order

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CMP No.14710 to 14719 of 2017

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AS.454 to 463 of 2017

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Date :13/10/2017

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From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format VC (24/10/2017)

Land Acquisition Officer & v. Siddhamal

Case brief

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What did the court decide?

Land Acquisition Officer & v. Siddhamal

Case brief

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