Madras High Court
Dr. T.D.Naidu vs The Collector on 29 April, 2021
W.P. No.10219 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2021
CORAM
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
W.P. No.10219 of 2021
Dr. T.D.Naidu,
S/o. K.P.Naidu … Petitioner
Vs
1. The Collector,
Thiruvallur District,
Thiruvallur- 602 001.
2. The Project Director,
National Highways Authority of India,
Project Implementation unit,
"Sri Tower" 3rd floor,
DP-34 (SP), Industrial Estate, Guindy,
Chennai 600 032.
3. The Special District Revenue Officer
(Land Acquisition), NH-205,
No. 3 & 4, Lal Bagadhur Sasthri Street,
Periyakuppam Railway Station,
(Near) Thulasi Theatre,
Thiruvallur - 602 001 ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No.10219 of 2021
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the respondents to disburse the
statutory entitlements namely 30% solatium on the market value of the land
and 12% on the additional amount under Section 23(1-A) of the Act from
the date of notification issued under the Act to the date of making of
theaward and on the enhanced market value under Section 28 of the Act @
9% per annum from the date of issuance of notification for the first year
ending and thereafter, @ 15% per annum till the date of tender of
compensation amount of Rs.72.60/- per square feet and interest on the
solatium and the additional amount, being the market value as of now
accepted by the respondents, in pursuance of award R.C.No.21899-1/2011
F2 dated 16.02.2021 passed by the Arbitral Tribunal cum District Collector,
Thiruvallur district in the light of the judgment of the Hon'ble Supreme
Court of India in the matter of Union of India and another vs/ Tarsem Singh
and others in C.A.No.7064 of 2019 for the petitioner's property measuring
an extent of 17,259 sq. mts which is 185774.33 sq.feet situated at
Ramancheri Revenue Village, Thiruvallur Taluk and District.
For petitioner ... Mr. A. Saravanan
For respondents ... Mr. D.Raja,
Addl. Gov. Pleader
for R1 & R3
... Mrs. S.R.Sumathi,
Standing Counsel, for R2
2/6
https://www.mhc.tn.gov.in/judis/
W.P. No.10219 of 2021
ORDER
This writ petition has been filed seeking a direction to the
respondents to consider the petitioner's representation to disburse the
statutory solatium and interest to the petitioner.
2. According to the petitioner, the petitioner's land was
acquired for National Highways, and an award was also passed. While
passing the award, solatium and interest on solatium was not granted to the
petitioner. Hence, he has filed an arbitration proceeding before the first
respondent/District Collector and the first respondent/District Collector also
did not consider the issue of payment of solatium and interest on it. Hence,
the present writ petition has been filed.
3. The learned counsel for the petitioner would submit that the
land was acquired under the National Highways Authorities Act. Earlier,
payment of solatium and the interest on the solatium has not been granted.
Hence, he made a representation before the first respondent/District
Collector. Since, the same has not been considered the present writ petition
has been filed.
https://www.mhc.tn.gov.in/judis/
W.P. No.10219 of 2021
4. Mr. D.Raja, learned Additional Government Pleader
appearing for the respondents 1 and 3 and Mr.S.R.Symathy, learned
Standing counsel appearing for the second respondent would submit that
the entitlement of solatium has to be considered by the third respondent
Acquisition Officer and the petitioner cannot make a representation before
the District Collector. The District Collector is only an Arbitrator under
Section 3G(5) of the National Highways Act. Hence, the petitioner may be
directed to file a fresh representation to the third respondent.
5. Considering the above facts and circumstances, the
petitioner is directed to file a suitable representation before the 3rd
respondent/ Acquisition Officer seeking for solatium and interest on it, with
in a period of two weeks from the date of receipt of a copy of this order. On
filing such representation, the third respondent Acquisition Officer is
directed to consider the same and pass suitable orders on merits and in
accordance with law within a period of eight weeks thereafter.
6. With the above directions, this Writ Petition is disposed of.
https://www.mhc.tn.gov.in/judis/
W.P. No.10219 of 2021
No costs. Consequently, connected miscellaneous petition is closed,
29.04.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
mrp
To
1. The Collector,
Thiruvallur District,
Thiruvallur- 602 001.
2. The Project Director,
National Highways Authority of India,
Project Implementation unit,
"Sri Tower" 3rd floor,
DP-34 (SP), Industrial Estate, Guindy,
Chennai 600 032.
3. The Special District Revenue Officer
(Land Acquisition), NH-205,
No. 3 & 4, Lal Bagadhur Sasthri Street,
Periyakuppam Railway Station,
(Near) Thulasi Theatre,
Thiruvallur - 602 001
https://www.mhc.tn.gov.in/judis/
W.P. No.10219 of 2021
V. BHARATHIDASAN, J.
mrp
W.P. No.10219 of 2021
29.04.2021
https://www.mhc.tn.gov.in/judis/
