BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P. (MD).No.18900 of 2020 and WMP(MD)Nos.15833 & 15834 of 2020 M. Raveendranath ... Petitioner Vs

1. The District Collector, Kanyakumari District, Nagercoil. 2. The Competent Authority And District Revenue Officer, Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District.

3. The Project Director Cum DGM (Tech), No.314E, K.P.Road, Near Ayappan Kovil, Parvathipuram, Nagercoil 629003, Kanyakumari District. 4. The Union of India, Rep.by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to pay the difference in compensation for the land in S.No.141/14 and 141/15, Nattalam Village, Vilavancode Taluk, Kanyakumari District at the rate of Rs.5,925/- per Sq.Mtr. as per guideline value fixed by the Sub-Registrar, Palliyadis letter dated 15.06.2018 and further to conduct rehabilitation and resettlement enquiry for the building as per section 31 of Act 30/2013 by fixing the compensation as per Section 3G(7) a to d of National Highways Act, 1956 R/w. Section 26 to 30 of Central Act 30/2013 and the same has to paid to the petitioner by passing orders on the representation on

27.10.2020.

For Petitioner : Mr. G.Justin For Respondents : Mr.A.K.Manikkam(R1, R2)

Special Government Pleader Mr.Su.Srinivasan (R3)

Central Government Senior Counsel Mr.S.Sivakumar (R4)

Central Government Standing Counsel

O R D E R

This writ petition has been filed for the issue of a writ of mandamus, directing the first and second respondents to pay the difference of compensation for the subject property, that was acquired from the petitioner, as per the guidelines fixed by the Sub Registrar through letter, dated 15.06.2018 and for further direction to conduct independent enquiry under Section 31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30/2013) (hereinafter referred to as 'the RFCTLARR Act, 2013') and to fix the compensation payable to the petitioner for rehabilitation and resettlement.

2.Heard, the learned counsel for the petitioner, the learned Special Government Pleader appearing for the first and second respondents and the learned Central Government Standing Counsel appearing for the third and fourth respondents.

3.The notification was issued under Section 3A(1) of the National Highways Act, 1956 (hereinafter referred to as ‘the Act’) on

10.05.2016. It was published in the local newspapers on 18.05.2016. Thereafter, the notification was issued under section 3D(1) of the Act on 19.10.2016 and subsequent Notification under section 3G(3) was published in the newspaper on 19.11.2016. Thereby, the lands belonging to the petitioner was acquired by the National Highways Authority of India. The competent authority conducted the enquiry under section 3G(3) on 28.12.2016 and an Award was passed on 23.08.2017. The petitioner was not satisfied with the Award passed by the competent authority. Hence, he filed an Arbitration Petition seeking for enhancement of compensation on 10.12.2018. The District Collector/Arbitrator passed the order on 31.01.2023 directing the competent Authority to adopt the land value @ Rs.5,925/- per square meter in accordance with the guideline value as on 01.04.2012 for the entire village. In view of that order, there was difference of amount that was payable to the petitioner towards compensation. Therefore, the first portion of the relief sought for in this writ petition pertains to the payment of difference of amount of compensation. Insofar as this relief is concerned, it will be relevant to take note of the counter affidavit filed by the third respondent and the relevant portions are extracted hereunder.

“5.I