CMDA slammed for 18-yr delay in paying Koyambedu land owners

Observing that making those who have lost their lands to wait indefinitely for payment violates not only Article 300A of the Constitution of India, but also Human Rights, said Justice N Kirubakaran, and added, “The officials should understand that the land owners have actually lost their lands and it is only for their rightful compensation which they are fighting for and that they are not asking for any charity.”

“The property was acquired as early as 2001. Even after the passage of 18 years, if the petitioners are unable to enjoy the fruits of decree and judgement passed by this court, it will only make the petitioners to get frustrated and lose faith in the justice delivery system, which is not good for courts,” Justice Kirubakaran added.

As per the case, vast extents of lands located in Koyambedu village including the lands belonging to the review petitioners were acquired by virtue of 4(1) notification dated January 25, 2001 for public purpose and awards were passed in 2004.

Thereafter, several review applications were filed by land owners resulting in the High Court enhancing the land value from Rs 450 per sq ft to Rs 2,000 per sq ft on June 21, 2017 with a direction to pay land owners within 12 weeks.

The failure to pay up had resulted in land owners moving a review application contending that the special leave petitions filed against the orders passed by the High Court on June 21, 2017 were dismissed on October 22, 2018 and hence there was no impediment for the State to pay up the Rs 14 crore due to the land owners. In response, the State had submitted that review petitions have been filed before the Apex court to review the High Court order dated October 22, 2018.

Based on this, Justice Kirubakaran had granted time until October 1, 2018 to either produce any stay order in this regard or else it would summon the higher officials. The present order comes in the wake of officials failing to even produce details of the review petition despite a lapse of three months.