Land acquired for road without compensation; court directs payment at current market value within 12 weeks.

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the respondents to pay the just compensation for the petitioner’s land measuring about 3000 sq.ft in S.No.72 and 73, Block No.14, Ward B, Shankar Nagar, Kumarasamipatti Village, Salem Taluk, which was taken possession for formation of the F2 F2 40” Scheme Road for Periyeri Town Planning Scheme in Salem Town on the basis of the market value of the property.

For Petitioner(s): Mr.P.Jagadeesan For Respondent(s): Mrs.S.Anitha Special Government Pleader for R1, R2, R4 & R5 Ms.Devi Standing Counsel for R3

ORDER

This Writ Petition has been filed seeking issuance of writ of mandamus, directing the respondents to pay the just compensation for the petitioner’s land measuring about 3000 sq.ft in S.No.72 and 73, Block No.14, Ward B, Shankar Nagar, Kumarasamipatti Village, Salem Taluk, which was taken possession for formation of the F2 F2 40” Scheme Road for Periyeri Town Planning Scheme in Salem Town on the basis of the market value of the property.

2. The learned counsel appearing for the petitioner would submit that the petitioner’s land was taken possession and road was laid by the 3^rd respondent without payment of any compensation. He would further submit that notice for acquisition was also issued without following the mandatory requirement under the law. Therefore, he has given a representation dated 24.05.2024 for the purpose of payment of compensation. Since the same is not considered, the present writ petition is filed.

3. The learned counsel appearing for the official respondents would submit that the compensation payable to the petitioner is required to be determined by the 4^th respondent and the same will be decided within a period of twelve weeks.

4. Heard the learned counsel appearing for the petitioner as well as the respondents.

5. Admittedly, the petitioner’s land was acquired for laying road and no compensation was determined so far. Therefore, it is the duty of the authorities concerned to determine the compensation at the earliest and pay the same to the petitioner. Certainly, the petitioner is entitled to market value as of today and also entitled to compensation under the Right to Fair Compensation Act.

6. Such being the case, taking into consideration all these aspects, the 4^th respondent is directed to dispose of the petitioner’s representation dated 24.05.2024 and pass appropriate orders, determining the compensation payable to the petitioner’s land, within a period of twelve weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above terms. No costs.