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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, G.ARUL MURUGAN, JJ
Assistant Divisional Engineer Highways (Construction and Maintenance), Aruppukottai, Virudhunagar District – Appellant
Versus
R.Chokkappan – Respondent
| Table of Content |
|---|
| 1. petitioner claims compensation for unauthorized land use. (Para 2 , 3) |
| 2. different authorities argue over compensation responsibility. (Para 5 , 6) |
| 3. court determines liability for compensation rests with national highways authority. (Para 7 , 8) |
| 4. court modifies the earlier order regarding compensation payment. (Para 9) |
| 5. court issues directives for compensation quantification. (Para 10) |
(Judgment of the Court was made by G.ARUL MURUGAN, J.
The State Highways Authority has preferred this intra Court appeal as against the order dated 21.10.2024 made in W.P.(MD)No.21521 of 2017.
2. The first respondent / writ petitioner had approached the Writ Court seeking for a direction to pay the compensation in respect of the lands belonging to him in Survey No.60/19 as the same has been unauthorisedly used and put in use by forming a road by the Highway Authorities. The Writ Court by relying on the inspection report dated 14.10.2024 arrived at a conclusion that the lands of the writ petitioner were used by the Highways Authorities and already road has been formed without acquisition and paying compensation to the land owner. The Writ Court, after arriving at such a conclusion,
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