NAYVELI LIGNITE CORPORATION LTD. Vs. SPL. TAHSILDAR NO. III LAND ACQUISITION LIQUITE PROJECT NEYVELI & ORS.

JUDGEMENT

(1.) C.M.P. No. 5079, 5081 and 5083 of 1988 are for impleading the Neyveli Lignite Corporation Limited as a respondent in the above three appeals while C.M.P. Nos. 5080, 5082 and 5084 of 1988 are for stay of all further proceedings pursuant to the awards passed by the Sub Court, Cuddalore against which the above appeals have been filed.

(2.) The short facts, relevant for these applications are as follows:- On the request of the petitioner, the Government of Tamil Nadu initiated proceedings in 1977 under the Land Acquisition Act for acquirings about 5000 acres of land in about six villages adjacent to Neyveli for the purposes of a second mine and a thermal station. The notification under S. 4 (1) of the Act was published on 11-11-1978. The lands of respondents 12 to 51 were included therein. By awards dated 30-10-1979, 31-7-1979 and 24-10-1979 the Land Acquisition Officer awarded compensation of Rs. 17.704.82, Rs. 1.789.65 and Rs. 1675.89 for the lands involved in the three appeals respectively. Respondents 2 to 5 sought for a reference under S. 18 of the Act to the Civil Court for fixing the compensation. Consequently, L.A.O.P. 395 of 1982, L.A.O.P. 98 of 1983 and L.A.O.P. 391 of 1982 on the file of the Additional Subordinate Judge, Cuddalore were trial and the compensation was enhanced by Rs. 2,42,815.18, Rs. 12,923.45 and Rs. 55,264.11 respectively. At the request of the petitioner, the Government of Tamil Nadu preferred the above three appeals to this Court challenging the correctness of the decision of the Additional Subordinate Judge.

(3.) The Government applied in C.M.P. Nos. 16629 to 16631 of 1986 for stay of all further proceedings in pursuance of the award passed by the learned Subordinate Judge. By order dated 25-11-1986 Kader, J. ordered notice to the respondents in the appeals and granted interim stay on condition that the appellant deposited 1/4th of the enhanced compensation in the trial Court within eight weeks therefrom. The ad interim ex-parte order was challenged by the Government in L.P.A. Nos. 25 to 27 of 1987 which were ultimately dismissed on 13-1-1988. - In the meanwhile Kader, J. confirmed his interim order on 28-1-1987 after the respondents entered appearance and were heard. By that order, the respondents in the appeal were permitted to withdraw the amount deposited by the Government.