HC lifts attachment on circuit house for President's stay

Chennai, Dec 16 (UNI) Madras High Court today ordered lifting of the attachment on the circuit house of Tamil Nadu Housing Board in Coimbatore, which had been made ready for President A P J Abdul Kalam's stay during his visit to Coimbatore.

A Division Bench comprising Justices P D Dinakaran and P P S Janarthana Raja lifted the attachment on the Circuit House, while deprecating the approach and attitude of the II Additional Subordinate Judge, Coimbatore and her non application of mind, for having passed an order for attaching the premises without a full-fledged inquiry into the matter.

The Bench passed the order on a petition filed by the Land Acquisition Officer cum Special Tashildar (LA) Housing Scheme, Coimbatore, V K Subramanian.

In his petition, Mr Subramanian submitted that an extent of 30.82 acres of land in Gangapathy Village, Coimbatore Taluk and District were acquired for the purpose of Ganapathy Neighbourhood Project Scheme of Tamil Nadu Housing Board (TNHB). The Land Acquisition Officer fixed at Rs 200 per cent on May 6, 1987.

The matter was referred to Sub Court, Coimbatore undersection 18 of the Land Acquisition (LA) Act and enhanced the market value at Rs 6,000 per cent by its judgement dated April 29, 2005.

Aggrieved at this, an appeal was filed by the TNHB and this court granted an interim stay on the condition that the entire enhanced compensation amount should be deposited within 12 weeks.

Subsequently, the high court modified this order on August 31, 2006 to permit TNHB to deposit 50 per cent of the compensation amount. Out of the said deposit, the land owners are permitted to withdraw 50 per cent without furnishing any security.

Since it was a huge amount of about Rs 6.84 crore, the TNHB filed the present petition, seeking modification of earlier condition and permission of withdrawal by claimant.

The land owners have initiated execution proceedings earlier, an attachment order of government circuit house has been made and notice has been served on the petitioner on December 13, 2006, he added.

UNI XR VV DKA KN1822