The court clarified that under the relevant Land Acquisition Act, compensation must include both land and structures, and both should accrue 12% interest, rejecting any limitations imposed by government orders.

ORDER :

The petitioner(s) had filed the present Writ Petition seeking to issue a Writ of Certiorarified Mandamus to call for the records from the fifth respondent relating to the issue of G.O.(Ms).No.29, Revenue and Disaster Management Department, Land Administration Wing (LA-1(1)) Section, dated 24.01.2019 and from the first respondent relating to the issue of the Award No.4/2017 (L.C.No.184) in No.878/B4/2022, dated 15.09.2022, (actually served on the petitioner on 30.05.2023), in respect of the petitioners lands having an extent of 80 Sq.Mt. situated in T.S.No.J/29/2-3 in Maravaneri Village, Salem Taluk and District, acquired by the first respondent, quash the same and consequently to direct the first respondent to pass a fresh award truly in accordance with the mandate of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to pay the petitioners the Award amount so passed afresh along with appropriate interest in accordance with the said Act and compounding the same for every 6 months period after a year of taking possession, till the date of payment after deducting the amounts already paid to the petitioners on 17.02.2023 and 20.10.2023 within a time frame as may be fixed by this Court and also to direct the fifth respondent to initiate appropriate disciplinary and criminal proceedings against the second respondent and others whose names are not known to the petitioners who are party to the passing of the impugned Award. (Prayer amended as per order dated 28.03.2024 in W.M.P.No.4022 of 2024 in W.P.No.35385 of 2024).

2. The petitioners have filed this Writ Petition challenging the impugned Award passed by the first respondent with consequential relief on the ground that the impugned Award has been passed in blatant violation of the mandate of Sections 26 to 28 and 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013) as well as specific order of this Court, dated 03.08.2022, as it causes huge financial loss to the petitioners, thereby denying them the guarantee mandated under Article 300-A of the Constitution of India.

3. Notice under Section 15(2) of the TAMIL NADU HIGHWAYS ACT , 2001 for acquiring a portion of petitioners' land situated in Block No.29, Ward No.J, T.S.No.2/3 to an extent of 140 Sq.Mtr., situated at Periyeri Village, Salem, was issued on 02.07.2016, which was also published in Daily Thanthi newspaper on 18.07.2016. Objections were made pointing out illegality in acquiring lands under the State Act instead of the said Central Act of 2013, on 07.08.2016, 23.08.2016 and 08.02.2017. However, on 14.09.2016, enquiry was conducted pursuant to notice dated 02.09.2016 under Section 15(3) of the State Act and signatures were obtained in the prescribed format, wherein, it was made as if the consent was given to receive the highest compensation that may be arrived at as mandated under the Central Act of 2013. On 01.02.2017 and 25.05.2017, Section 15(1) Notification was issued in Government Gazette and subsequently, on 14.06.2017, an Errata was issued to the original Notification reducing the extent of land to be acquired from 140.50