The court mandated reassessment of property compensation to comply with existing statutory provisions following the completion of construction.

COMMON ORDER

These writ petitions have been filed to direct the respondents to assess the extent of Schedule Property, which cannot be used for any construction and calculate and pay the compensation to the petitioner as per section 30(2) and First Schedule of Fair Compensation and Transparency in Land Acquisition, Rehabiliation and Resettlement Act, 2013.

2. The learned counsel for the petitioner would submit that in this case, initially, the respondent had intend to utilise the petitioner's subject land for the purpose of erecting the Electrical High Transmission Lines, due to which, he had faced great hardship and inconvenience. In this regard, a representation dated 13.01.2018 was filed by the petitioner, requesting the respondents to determine the compensation for the subject land. Subsequently, the said representation was rejected by virtue of order dated 15.03.2018 by stating that the compensation would be paid to the tower leg occupied area and line corridor after the completion of erection of towers in the subject land.

3. Further, he would contend that now, the erection of tower was completed by the respondent and hence, in terms of the aforesaid rejection order dated 15.03.2018, the respondents are supposed to have determined compensation for the subject land. Hence, this petition. In support of his submissions, he referred to the order dated 05.10.2023 passed in WP(MD)No.4715 of 2020.

4. In reply, the learned counsel for the respondent had fairly admitted and confirmed the submission made by the petitioner and would submit that the petitioner's representation dated 13.01.2018 will be considered afresh by the respondent. Hence, he requests this Court to pass appropriate orders.

5. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

6. In the cases on hand, initially, prior to the erection of Electrical High Transmission Lines in the subject land, a representation dated 13.01.2018 was filed by the petitioner before the respondents for determination of compensation. The said representation was rejected by stating that the compensation will be determined, for the tower leg occupied area and line corridor, only after the completion of erection of towers in the subject land.

7. Now, it was submitted by the respondents that the installation of tower at the subject land was completed and hence, the respondents will determine compensation by considering the petitioner's representation dated 13.01.2018 afresh.

8. In view of the above, this Court directs the respondents to consider the petitioner's representation dated 13.01.2018 afresh and determine compensation by taking into consideration of the law laid down by this Court vide order dated 05.10.2023 passed in WP(MD)No.4715 of 2020 after affording sufficient opportunities to the petitioner, within a period of 12 weeks from the date of receipt of a copy of this order.

9. With the above directions, these writ petitions are disposed of. No cost.