Timely application for enhanced compensation in land acquisition must be considered despite later representations.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the respondents to refer the acquisition of petitioners land situate at Arakonam Taluk, Nemili Panchayat, Pinnavaram Madhura, Sendhamangalam village bearing S.No. 218/8C3A1B1- 137 sq.Mtrs under the Award No. 26/2020-2021(Na.Ka.No.29/2018/R4) SH. No. 58(2) dated 05.06.2021 to the appropriate Court for determination of higher compensation amount.

For Petitioner: Mr.D.Baskar For Respondents: Ms. Indhu Bala Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for a direction to the respondents to refer the acquisition of petitioners land situated at Arakonam Taluk, Nemili Panchayat, Pinnavaram Madhura, Sendhamangalam village bearing S.No. 218/8C3A1B1-137 sq.Mtrs under the Award No. 26/2020- 2021(Na.Ka.No.29/2018/R4) SH. No. 58(2) dated 05.06.2021 to the appropriate Court for determination of higher compensation amount.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the owner of the subject lands and the same were acquired by the respondents for the purpose of broadening of State Highways Road and the 2^nd respondent without issuing notice to the petitioner and also without affording an opportunity of hearing to the petitioner had passed an Award on 05.06.2021 and the same was also not served to the petitioner. After coming to know of the Award the petitioner made representation to the respondents on 26.12.2022, 13.02.2023 and 10.03.2023,seeking to furnish the copy of the Award and enhanced compensation. As the same did not evoke any response, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

3. The learned Additional Government Pleader appearing for the respondents while reiterating the averments made in the paragraph 10 of the counter affidavit would submit that compensation has been determined by the respondents for the acquired lands of the petitioner in accordance with Section 30 of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2003. Further, he would submit that the petitioner herself attended the Award enquiry on 27.11.2020 and the Award was served to her brother-in-law on 15.07.2021 with proper acknowledgment. Further, he would submit that the petitioner herself submitted a petition on 09.08.2021, seeking higher compensation, along with the copy of the Award and other necessary documents and therefore at any costs the petitioner cannot contend that the order copy was not served.

3.1. He further added that as per Section 20(1) of the Tamil Nadu Highways Act 2001, the petitioner ought to have given application for enhancement of compensation within sixty days from the date of Award. As the petitioner submitted representations belatedly i.e., 26.12.2022, 13.02.2023 and

10.03.2023 her request could not be considered.

4. Heard both sides. Perused the records.

5. In the case on hand, it is the case of the petitioner that Award copy was not served to her and her request for enhanced compensation has not been considered so far. According to the respondents, the Award was served to the brother-in-law of the petitioner with proper acknowledgement on 15.07.2021. Thus, the petitioner ought to have given application for enhancement of compensation within sixty days from the date of Award. Even as per the respondents, the petitioner submitted a petition on 09.08.2021, requesting to pay the higher compensation, which is within a period of 25 days from the date of the Award. Therefore, this Court is of the considered view that the request of the petitioner dated 09