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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Sounthar
R.Sreedher – Appellant
Versus
Special District Revenue Officer, Land Acquisition and Management, Highways – Respondent
ORDER :
S.Sounthar, J.
The Writ Petition is filed by the land owner affected by Land Acquisition Proceedings, challenging the Notification in Na.Ka.No.250/2022/A1, dated 06.10.2022 issued by the 1st respondent under Section 15(2) of TAMIL NADU HIGHWAYS ACT , 2001 and final award passed in Award No.21/2023 in Sl.Nos.1 and 2 dated 31.10.2023 fixing compensation at the rate of Rs.4,000/- per sq.ft., and calculating interest from 08.10.2022 and consequently, to direct the 1st respondent to pass final award by fixing compensation at the rate of Rs.5,000/- per sq.ft., in respect of subject lands in Survey Nos.432/1C and 452/1A1B with interest from31.12.2014.
2. The petitioner is the owner of the subject lands having purchased the same under a Sale Deed dated 29.12.2006 registered as Document No.6327/2007. For the purpose of widening Maduravoyal- Valasarawakkam Road, the respondents had acquired 50.30 cents of petitioner's land situated in the above mentioned survey numbers. At the time of issuing Section 15(2) notification in the year 2014, only the land of the petitioner with an extent of 33.57 cents was covered by the notification. The remaining extent of petitioner's land namely 16.73 ce
The court affirmed that compensation for land acquisition must be based on legally established values, ensuring equity, and mandated interest payment from the date of possession, adhering to statutor....
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
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 governm....
The acquiring authority to award additional interest by way of damages @ 15% per annum from the date when respondents-claimants were dispossessed till the date of notification under Section 4 of Act.
Acquisition of land – Quantum of compensation must be uniform for lands acquired for same public purpose.
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
The court established that compensation for land acquisition must be based on market value evidenced by comparable sales, and interest must be calculated per statutory provisions.
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
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