IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.10.2022 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI WP.No.27753 of 2022 S.Chairman Chandran .. Petitioner Versus
1.The District Collector Chengalpattu District Chengalpattu
2.District Revenue Officer (LA)
Chennai Metro Rail Ltd Koyambedu, Chennai – 600 107 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondent to forthwith take action in accordance with law on the representation of the petitioner dated 07.09.2022 with respect to follow the transparency in the acquisition proceedings for Corridor -5 Phase -II Viaduct-6 Near kamarajar Garden Street under Metro Rail Project and fix the higher compensation to the petitioner land measuring an extent of 79 Sq. Mtr with building comprised in Survey No. 393 / 6A2 situatd at medavakkam Village tabaram Tlauk Chengalpattu District chennai 600 100.
For Petitioner : Mr.Sankar Ramasamy For Respondents : Mr.U.Bharanidharan Additional Government Pleader
ORDER
This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the respondents 1 and 2 to forthwith take action in accordance with law on the representation of the petitioner dated 07.09.2022 with respect to following the transparency in the acquisition proceedings for Corridor -5 Phase -II Viaduct-6 Near kamarajar Garden Street under Metro Rail Project and fix higher compensation to the petitioner land measuring an extent of 79 Sq. Mtr with building comprised in Survey No.393/6A2 situated at Medavakkam Village, Tambaram Taluk, Chengalpattu District, Chennai-600
100.
2. The case of the petitioner is that he is the absolute owner of the land bearing Plot Nos.8 Part and 9 Part, measuring an extent of 4282.75 sq.ft., comprised in Old Survey No.393Part, New Survey Nos.393/6, 393/74 & 393/66A as per Patta No.3330, the sub-division Survey Nos. 393/66A & 393/6A2 situated at Medavakkam Village, Tambaram Taluk, Chengalpattu District, Chennai-600 100. The said land was sought to be acquired for the purpose of Corridor-5, Phase-II, Viaduct-6, near Kamarajar Garden Street for Metro Rail Project under Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1977 measuring an extent of 79 sq.mtr in Survey No.393/6A2 and a notice under Section 3(2) was issued. The petitioner immediately made objections on 04.01.2022 to exclude the petitioner's land from the acquisition which was not considered. Again, the petitioner made a representation on 07.09.2022 to the respondents 1 and 2 seeking to make payment as per the Right to Fair Compensation and Transparency in Land Acqusition, Rehabilitation and Resettlement Act, 2013 which is pending without consideration till date. Hence, this petition.
3. The learned Additional Government Pleader submitted that the representation of the petitioner dated 07.09.2022, will be considered in accordance with law as per the Right to Fair Compensation and Transparency in Land Acqusition, Rehabilitation and Resettlement Act, 2013.
4. Recording the submissions of the learned Additional Government Pleader, this Court, without going into merits of the case, directs the respondents to consider the representation of the petitioner dated 07.09.2022 and pass appropriate orders on merits and in accordance with law as per the Right to Fair Compensation and Transparency in Land Acqusition, Rehabilitation and Resettlement Act, 2013, after affording reasonable opportunity of hearing to the petitioner within a period of twelve weeks from the date of receipt of copy of this order
5. With the above direction, this writ petition is disposed of. No costs.
18.10.2022 dhk Index:Yes/No Internet: Yes/No To
1.The District Collector Chengalpattu District Chengalpattu
2.District Revenue Officer (LA)
Chennai Metro Rail Ltd Koyambedu, Chennai – 600 107 M. DHANDAPANI, J.
dhk
18.10.2022
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