IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
M. Raja – Appellant
Versus
The Secretary to Government, Ministry of Road Transport & Highways, Government of India, National Highways Authority of India, New Delhi & Others – Respondent
W.P. Nos. 27412, 27417, 27419, 27464, 27467, 27470, 27471, 27475 of 2021 & W.M.P Nos. 28933, 28940, 28941 & 28984 of 2021
Decided On : 22-12-2021
Constitution of India, 1950 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 26(1) – National Highways Act, 1956 - Section 3G(5) - Land Acquisition – Land Acquired for purpose of laying National Highways – Enhancement of Compensation - While being so, the fourth respondent proposed to acquire said lands for purpose of laying National Highways 844 - Objections were called for and petitioners submitted their objections - However, after acquisition proceedings, award has been passed - Petitioners submitted representations seeking enhancement of compensation. According to petitioners, in their acquired lands, there are houses, shares in well and lots of trees were situated and as such, value of houses, wells and trees were not properly assessed before passing award. Now, request for enhancement of compensation is pending with second respondent - Held, Only grievance of petitioners is that houses were not properly valued and as such, petitioners are entitled for enhancing compensation. Therefore, it is appropriate to direct second respondent to engage a competent valuer to value houses of petitioner in W.P. - It is made clear that, after serving valuation report to petitioners, houses shall be demolished for formation of road - Further, second respondent is directed to complete said process, within a period of two weeks from date of receipt of a copy of this order and pass orders on enhancement of compensation within a period of four weeks thereafter - Writ petitions disposed of.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to pass appropriate orders on the reference/representation made by the petitioner dated 12.07.2021 and 02.09.2021 to reconsider the two Awards in Roc.No.03/2018/LA, dated 08.03.2021 in respect of his land measuring 1273 sq.mtrs comprised in S.No.234/3E, New S.No.234/3E2, land measuring 1727 sq.mts comprised in S.No.234/3B, land measuring 200 sq.mts comprised in S.No.234/3C land measuring 1666 sq.mts comprised in S.No.234/3D, New S.No.234/3D2, covered in Patta Nos.648, 775 and 576, Velagahalli Village, Dharmapuri District and available hundreds or mango trees, coconut trees 27 numbers aged 25 years, tamarind trees 7, drumstick trees 6 numbers, neem trees 3 numbers, custard apple tree one, well having a depth of 60 feet, width of 20x15, L shape stone building having 20 feet height, 200 feet 3 inch pvc pipe, motor shed having 4x3 feet size etc. by following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), and re-fix the compensation as per the provision of Section 26(1) a & b of the Central Act 30 of 2013 within the time frame to be fixed by this Court.)
1. These writ petitions are filed to issue a Writ of Mandamus, to direct the second respondent to pass appropriate orders on the reference/representation made by the petitioners dated 12.07.2021, 02.09.2021, 11.09.2021, 18.08.2021, 13.09.2021, 14.06.2021, 14.12.2021, 11.09.2021, 27.09.2021, 13.09.2021, 20.10.2021 and 10.09.2021 to reconsider the Awards in Roc.No.03/2018/LA, Roc.No.03/2018/LA Roc.No.11/2018/LA, Roc.No.11/2018/LA, Roc.No.03/2018/LA, Roc.No.03/2018/LA, Roc.No.03/2018/LA, Roc.No.03/2018/LA, Roc.No.11/2018/LA, Roc.No.11/2018/LA, Roc.No.23/201//LA, Roc.No.09/2018/LA, Roc.No.09/2018/LA and Roc.No.03/2018/LA, dated 08.03.2021, 08.05.2021, 07.08.2021, 06.05.2021, 16.06.2021, 08.03.2021, 14.07.2021, 18.01.2021, 06.08.2021, 24.11.2020, 23.02.2021 and 10.03.2021 respectively in respect of the respective petitioners’ lands by following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013), and re-fix the compensation as per the provision of Section 26(1) a & b of the Central Act 30 of 2013 within the time frame to be fixed by this Court.
2. In identical circumstances, this Court has passed the following order in W.P.Nos.23689, 23693 and 23700 of 2021, dated 23.11.2021:-
4. While being so, the fourth respondent proposed to acquire the said lands for the purpose of laying National Highways 844 (Hosur - Royakottai - Dharmapuri Section). The objections were called for and the petitioners submitted their objections. However, after acquisition proceedings, the award has been passed.
5. Accordingly, the subject lands were classified as Dry Manaavari Lands Type II and Dry Well Irrigation Type II and calculated the land value of the petitioner in W.P.No.23689 of 2021, at 37.39 per sq.metres and 46.97 per sq.metres respectively and awarded only the total compensation of Rs.62,17,174/- (Rupees Sixty Two Lakhs Seventeen Thousand One Hundred and Seven
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