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2012 Supreme(Mad) 3259
High Court of Judicature at Madras
R. SUDHAKAR
Sochamaniammal alias Kochamallu Ammal
Versus
State of Tamil Nadu, rep. By Secretary to the Government, Highways & Minor Port Department & Others
W.P.No. 30107 of 2010
Decided on : 26-07-2012
For the Petitioner:Ashok Menon. Advocate.
For the Respondents:A. Navaneetha krishnan, Advocate General assisted by Ms. V.M. Velumai, Spl. Govt. Pleader.
Headnote:TAMILNADU HIGHWAYS ACT, 2001 - Section 15 - Prayer in Certiorafied Mandamus to direct R2 (Special Deputy Collector - LA) to conduct enquiry under Section 15, pleading mistake crept in 15(2) notice - Plea rejected - Held instead of 12 sq.meters, the extent is specified as 0.0112 sq.meters in the notice issued under Section 15(2) and 112 sq.ft. in the English version of the notice issued for determination of compensation under Section 19 of the Act. This error has been explained by the respondents as typographical error and the court is inclined to accept the explanation given by the respondents in view of the fact that the notification under Section 15(1) clearly gives all particulars of the land, which is sought to be acquired including the extent which is shown as 112 sq.meters. There is no vagueness - Respondents were conscious about the land, which is to be acquired. All details relating to the property except the measurement are the same in all proceedings. It is only with regard to the measurement, that the error had crept in The Petitioner, as undertaken by the learned counsel, shall hand over possession of the property on or before 30-09-2012. The date 30-09-2012 for handing over possession (i.e.) will be reckoned as relevant date for the purpose of determining the market value/price of the property insofar as the petitioner is concerned and compensation determined accordingly. The authority who has already issued the notice under Sections 19(2) and (3), to determine the compensation for the acquired land on the basis of the market value as on 30-09-2012 instead of the date of issuance of notification under Section 15(1) of the Act.
1. This writ petition is filed to issue a Writ of Certiorarified Mandamus, calling for the records of the 2nd Respondent's Notice dated 19.10.2010 under reference No.NaKa396/2006/A.1 and quash the same as illegal and invalid, consequently direct the 2nd Respondent to conduct enquiry under Section.15 sub section (1) of the Tamil Nadu Highways Act 2001 pursuant to the Petitioners reply dated 26.10.2010
2. The subject matter of the writ petition is an acquisition of land under Tamil Nadu State Highways Act 34/ 2002.
3. In terms of Section 15 of the Tamil Nadu Highways Act 2001 (Tamil Nadu 34 of 2002) (herein after referred to as 'The Act'), before issuing a notification under Sections 15(1), Section 15 (2) of the Act mandates a notice to the owner or any other person having interest in the land to show cause as to why the land should not be acquired and a public notice shall also be issued in the manner prescribed. In terms of Section 15 (3) of the Act, the Government after considering the cause, shall pass an order under sub Section 1 of Section 15 to acquire the land.
4. In this case, show cause notice dated 19.5.2010 in terms of Section 15 (2) has been served on the petitioner on 29.5.2010. In that notice, the following description has been given with regard to the land sought to be acquired.
“TAMIL”
5. To this notice, the petitioner submitted an objection on 8.6.2010. The petitioner, in the objection, has stated that she is running a hotel in the said land and it is the only source of livelihood for herself and her family and that there are vast extent of poramboke land and other sites for acquisition. The objection also states about the title to the said property and the amount spent for improvement of the hotel for the purpose of compensation. However, no objection was made with regard to the area sought to be acquired. Then, after passing an order in terms of Section 15 (3) of the Act, a gazette notification has been issued under Section 15 (1) viz., G.O.Ms.No.277, Highways and Minor Ports (HW.2), dated 7.9.2010 and the relevant portion of the notification reads as follows:-
"No.11(2)/HWMP/577/2010 – The Governor of Tamil Nadu having been satisfied that the lands specified in the Schedule below are required for the purpose of construction of Grade Separator at the intersection of GNT Road at KM 8/6 of Moolakadai at Madhavaram in WARD-C. Block-61 and it having already been decided that the entire amount of compensation to be awarded for the lands is to be paid out of the funds controlled and managed by the Chief Engineer (Metro) Highways Department, Alandur, Chennai.16 and after having consider the cause shown by the owner or other person having interest in the said lands, as the case may be, do hereby publish the following notice under sub-section (1) of Section 15 of the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002).
SCHEDULE
Thiruvallur District, Madavaram Taluk, Madavaram Village.
Government, dry, T.S.No. 80 (old Survey No.1092-4A2) belonging to Sochamaniammal bounded on the north by T.S.No. 10, east by T.S.No.9, South by T.S.No.7 and west by T.S.No.6-2 – 0112 square metres."
Thereafter, the proceedings were initiated for determination of the amount to be paid for the land acquired and for which, the notice dated 19.10.2010 was issued in terms of Section 19(2) and 19(3) of the Act to work out the amount to be paid. In that, the details of the property has been mentioned as follows:-
“TAMIL”
This notice dated 19.10.2010 was received on 22.10.2010 and on 26.10.2010, the petitioner gave an objection. The English version of the said notice is as follows:-
" District: Thiruvallur, Taluk: Madhavaram, Name of the Town:Madhavaram, Ward-C Block-61
6. On 26.10.2010, an objection was made as to the correct area that is to be acquired in view of the contradiction between the Tamil and English version of the notice dated 19.10.2010. Besides, the petitioner reiterated the earlier objection with regar
