The central legal point established is the obligation of the respondents to pay compensation to landowners in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

JUDGMENT

(Prayer in W.P.No.2502 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring the action of the respondents in continuing the land acquisition proceedings and attempting to take possession of the petitioner's lands in S.No.68/8B, 72/3B, 68/10B, 68/11B, 72/4B, 66/5B, 68/7B, 72/2B, Villianur Taluk, through the notices dated 22.09.2015 bearing ref No.616/DCRS/LA/U/2004/B1 as illegal and consequently forbear the respondents from in any manner interfering with the petitioner's possession and enjoyment of the above mentioned lands.

In W.P.No.2503 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring the action of the respondents in continuing the land acquisition proceedings and attempting to take possession of the petitioner's lands in S.No.72/3B, 68/10B, 68/11B, 72/4B, 69/2B, 66/5B, 68/7B, 72/2B, Villianur Taluk, through the notices dated 22.09.2015 bearing ref No.616/DCRS/LA/U/2004/B1 as illegal and consequently forbear the respondents from in any manner interfering with the petitioner's possession and enjoyment of the above mentioned lands.

In W.P.No.2504 of 2016:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring the action of the respondents in continuing the land acquisition proceedings and attempting to take possession of the petitioner's lands in S.No.72/3B, 68/10B, 68/11B, 72/4B, 71/2B, 71/3B, 66/5B, 68/7B, 72/2B, Villianur Taluk, through the notices dated 22.09.2015 bearing ref No.616/DCRS/LA/U/2004/B1 as illegal and consequently forbear the respondents from in any manner interfering with the petitioner's possession and enjoyment of the above mentioned lands.)

Common Order:

1. The petitioners have filed these writ petitions seeking issuance of Writ of Declaration declaring the action of the respondents in continuing the land acquisition proceedings and attempting to take possession of the petitioners lands in Villianur Taluk, through the notices dated 22.09.2015 bearing ref No.616/DCRS/LA/U/2004/B1 as illegal and consequently forbear the respondents from in any manner interfering with the petitioners possession and enjoyment of their lands.

2. The case of the petitioners is that the petitioners are the owners of the subject land. The respondents proposed to acquire the subject land for the purpose of forming a link road South of Puducherry and proceeded with the matter by invoking urgency provisions. However, till date, compensation was not paid to the petitioners and possession was not taken by the respondents. Hence, the petitioners have filed these writ petitions for the aforesaid relief.

3. The learned counsel appearing for the petitioners submitted that though the acquisition proceedings were initiated, no award was passed, however, the respondents have created records as if award was passed and further submitted that till date no compensation was paid to the petitioners.

4. The learned counsel appearing for the petitioners further submitted that similar issue was considered by this Court in W.P.Nos.22898 of 2016 etc., batch dated 26.02.2018 (Rajarathinam Catchirayar Vs. The District Collector, Villianur District), wherein, this Court directed the respondents therein to issue notice to the petitioners therein, grant them adequate and effective right of hearing and to determine the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of six months from the date of receipt of a copy of the order. Hence, this Court may extend the very same benefit to these petitioners also. The learned counsel further prayed that this Court may issue direction to the respondents to pay the compensation amount to the petitioners with applicable interest in terms of Section 30 (4) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement A