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The Executive Engineer & vs Britto Xavier

Madras High Court|19 June, 2017

JUDGMENT / ORDER

Against the land acquisition proceedings, the revision petitioner herein, who is a third party has filed this petition with a delay of 2170 days.
2. The land belonging to the revision petitioner has been acquired and the learned counsel for the revision petitioner submits that they were not made as party to L.A.O.P.Nos.116 of 1979 & 81 of 1980 and thereafter Execution Petitions E.P.Nos.40 & 41 of 2010 were filed for recovery of interest on solatium. The judgment passed in the said LAOPs came to their knowledge recently and therefore, after knowing that they have filed this revision petition with a delay of 2170 days.
3. The Revenue Divisional Officer, who is the land acquisition authority, is represented by the learned Government Advocate would submit that as per the Award passed in LAOPs, the entire award amount was deposited. The enhanced compensation and the interest over the solatium amount is yet to be deposited. He further submits that due to pendency of the proceedings, the land owners have not been paid due compensation even after 39 years, for the lands which were acquired in the year 1978.
4. Upon perusing the affidavit filed in support of the delay condonation petition, this Court is not convinced with the reasons stated to condone the enormous delay of 2170 days. Hence, C.M.P.(MD).Nos.4645 & 4646 of 2017 are dismissed. Consequently, C.R.P.(MD).Nos.SR17443 & SR17445 of 2017 are rejected.
To The Revenue Divisional Officer/LAO, Thanjavur District, Thanjavur..
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Title

The Executive Engineer & vs Britto Xavier

Court

Madras High Court

JudgmentDate
19 June, 2017