[Land Acquisition] HC directs Govt. to conduct survey to ascertain land that remains unutilized to measure compensation quantum [Read Order]

The grievance of the petitioner is that the land in Survey No.340/1 measuring an extent of 20 cents alone was acquired and compensation was also fixed. In so far as the land in Survey No.340/2 is concerned, the grievance of the petitioner is that only 1 ½ cents was acquired, however, the Railways had taken possession of the entire 45 cents and the service road has also been laid and no compensation has been paid till date. The grievance of the petitioner seems to be that the balance extent of land has also been utilised by the Southern Railways for laying the service road.

The counsel on behalf of the respondents submitted that with respect to Survey No.340/2, the land measuring 1 ½ cents was acquired and steps are being taken to acquire the balance extent of land in Survey No.340/2, therefore the balance extent of land in Survey No.340/2 has not been acquired till date.

Mr. P. T. Ramkumar, the learned Standing Counsel, appearing on behalf of the Southern Railways, sought time to take instructions and file counter affidavit in this case. He also brought to the notice of this Court the counter affidavit filed on behalf of the 6th respondent, which stated,

“ (...) I submit that the Land Acquisition Officer/ District Revenue Officer, Salem has issued Form B, public notice under Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997 on 09.01.2018. The acquisition proceedings for additional land required has not been completed and we have not taken possession of the petitioner's land except 21.5 cents for which compensation has already been paid. The allegation of the petitioner that, we have taken possession of 65 cents from petitioner's land is totally incorrect and without any basis.”

The learned counsel submitted that the remaining extent has not been utilized by the Southern Railway and only public notice has been issued in this regard on 09.01.2018 and the process of acquisition is yet to be completed.

The counsel for the petitioner refutes the stand taken by the Southern Railway and reiterates that the entire extent of 45 cents in S.No.340/2, has been utilized by the Southern Railway for laying the service road.

The Court observed that this is a question of fact and the position needs to be factually ascertained to come to a conclusion and pass an order in this writ petition. Accordingly, the Court directed the Tahsildar to conduct a survey and note down the actual extent of the property that has been utilized by the Southern Railway in S.No.340/2.

The Court reserved the petition for orders on a subsequent date of hearing and directed the respondents to file a counter affidavit in the mean time.  

Case Details

Case No. W.P.No.12658 of 2020

Court: Madras High Court

Coram: N.ANAND VENKATESH, J.

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