N. SATHISH KUMAR
K. Ramayammal – Appellant
Versus
Special District Revenue Officer/Land Acquisition Officer – Respondent
ORDER :
(N. Sathish Kumar, J.)
This writ petition mainly challenges the Award passed by the 1st respondent in Roc.No.189/2021/A2, dated 21.04.2022 fixing compensation for the land acquired from the petitioner for the purpose of four lanning of Gopichettipalayam – Chithode (SH-15).
2. The facts leading to the filing of the present writ petition, in brief, are as follows: -
(i) The petitioner is the absolute owner of the agricultural lands measuring an extent of 1.50 Acres comprised in S.No.698/6 of Periyapuliyur Village. The 1st respondent issued a notice on 27.11.2024 under Section 15(2) of the Tamil Nadu Highways Act, 2001 [TN Act 34 of 2022] proposing to acquire a portion of land measuring an 364 square meters for four lanning Gopichettipalayam – Chithode (SH-15) out of total extent of Acre 1.50 cents of land owned by the petitioner. The said notification was published in Dinamani Newspaper on 03.12.2014. As the land was sought to be acquired for public purpose for widening of highways, the petitioner did not choose to object the acquisition proceedings and the petitioner was interested in getting compensation for the land acquired from her. The 1st respondent assured a fair compensa
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The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
The court ruled that the State Land Acquisition Officer cannot shift the date for determining compensation; only higher courts possess that authority under Articles 32/142 of the Constitution.
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The government is not bound by prior negotiations unless formalized, retaining authority to determine compensation under the Tamil Nadu Acquisition of Land for Industrial Purposes Act.
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