Mandamus issued to consider representation for well compensation in land acquisition award within stipulated time.

..Respondents Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the 1st respondent to dispose of the petitioner’s representation dated 10.6.2022, and 20.12.2022 in the light of the law settled by the Honble High Court in various judgements by strictly complying statutory provision Section 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and National High ways Act 1956 Section 3 (G) 7 within a time to be stipulated by this Court.

For Petitioner: Mr.R.Ramesh Raja For Respondents: Mr.R.Subramaniam ACGSC (R1)

Ms.S.Indhu Bala (R2)

Additional Government Pleader Mr.Su.Srinivasan (R3)

Standing Counsel Mr.Sagar Verma (R4)

ORDER

This Writ Petition has been filed seeking a direction to the 1st respondent to dispose of the petitioner’s representation dated 10.6.2022, and 20.12.2022 in the light of the law settled by the High Court in various judgements by strictly complying the statutory provision Section 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and National High ways Act 1956 Section 3 (G) 7 within a time to be stipulated by this Court.

2. The learned counsel for the petitioner would submit that the 1st respondent had passed an Award on 02.06.2022, with respect to the acquisition of petitioner’s land alone. As the 1^st respondent has not passed any Award with respect to the well situated in the petitioner’s land, the petitioner submitted a representations dated 10.06.2022 to the respondents on 20.12.2022 to appoint an engineer and fix appropriate compensation for the petitioner’s well. As the same was not considered till date, the petitioner has filed this Writ Petition seeking for the aforesaid relief.

3. The learned Additional Government Pleader appearing for the respondents would submit that the Award was passed on 02.06.2022, with respect to acquired land of the petitioner and if the petitioner is aggrieved over the same, he can file appropriate application for enhancement of compensation, in the manner known to law.

4. Heard both sides. Perused the records.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel appearing on either side, this Court directs the 1^st respondent to consider and pass orders on the representation of the petitioner dated 20.12.2022, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving opportunity of hearing to the petitioner as well as the persons concerned. It is made clear that since the Award with respect to the acquired land of the petitioner was already passed on 02.06.2022, the petitioner is at liberty to file appropriate application seeking enhancement of compensation, if he is so aggrieved.

6. This Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.