IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.NO.7396 OF 2022

M/s.Seshasayee Paper and Boards Limited,

Pallipalayam, Namakkal District - 638 007,

Rep. by its Deputy Managing

Director and Secretary,

Mr.V.Pichai.

... Petitioner

.Vs.

1. The District Collector,

Namakkal District,

Namakkal - 638 007.

2. The Land Acquisition Officer

& District Revenue Officer,

Namakkal District,

Namakkal - 638 007.

... Respondents

PRAYER:-

Writ Petition is filed under Article 226 of the Constitution

of India praying to issue a Writ of Mandamus directing the

Respondents to make a Reference of the petitioners

representation/objections dated 01.02.2022 to the 1^st respondent

under Sec.64 of the Right to Fair Compensation and Transparency

in Land Acquisition Rehabilitation and Resettlement Act, 2013

(Central Act 30 of 2013) so as to fix just compensation for the

acquired lands belonging to the petitioner comprised in

survey Nos.174/1A, 174/14A and 174/15A1 Kadachanallur Village,

Namakkal District in Patta No.191 of an extent of 1 354 Sq.Mtr.

being subject matter of the Final Award Proceedings

No.Roc.578/2017/H2 dated 30.11.2021 of the 2nd respondent and

for 127 Sq.Mtrs of additional lands (under Survey No.174/1B1)

compulsorily acquired.

For Petitioner :

Mr.V.Srikanth

For Respondents :

Mr.P.Sathish

Additional Government Pleader

https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition is filed seeking direction to the

Respondents to consider the representation/objections dated

01.02.2022 to the 1st respondent under Section 64 of the Right

to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Central Act 30 of

2013) and to fix just compensation for the acquired lands

belonging to the petitioner.

2. The case of the petitioner is that the land in

S.Nos.174/14A and 174/15A1 in Kadachanallur Village, belong to

petitioner's company, was acquired for the purpose of

construction of Railway over bridge Project, for which the

respondents issued notification under Section 15(2) of the Tamil

Nadu Highways Act, 2001 and the same was published on

04.03.2015. After following the procedure, award was passed on

30.11.2021. Thereafter, the petitioner was called for an enquiry

in respect of the acquisition of additional lands on 21.01.2022.

Therefore,

the

petitioner

made

detailed

objections/

representation dated 01.02.2022 to the respondents herein

seeking fixation of fair compensation under Section 64 of the

Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (hereinafter referred

to as 'the Act'). Till date, the same was not considered and

hence, the present writ petition has been filed with the above

said prayer.

3. The learned counsel for the petitioner submitted that

this Court may issue a direction to the respondents to consider

the representation/objection dated 01.02.2022 made by the

petitioner within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader appearing on

behalf of the respondents submitted that the notification has

been issued under Section 63 of the Act and the State has

appointed the Principal District Judge, Namakkal as authorised

person to deal with the land acquisition matters, under the Act.

Therefore, the representation of the petitioner will be

forwarded to the Principal District Judge, Namakkal within a

period of four weeks from the date of receipt of a copy of this

order.

5. Heard, the learned counsel for the petitioner as well as

the learned Additional Government Pleader appearing for the

respondents, and perused the materials available on record.

6. In view of the above submission made by the learned

Additional Gove