Madras High Court
Manilal Patel vs Union Of India on 4 August, 2021
W.P.(MD)No.13419 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.13419 of 2021
Manilal Patel ... Petitioner
Vs.
1. Union of India,
Rep by its Secretary,
Ministry of Road Transport
and Highway,
New Delhi.
2. The Project Director,
National Highways Authority of India,
Project Implementation Unit,
Plot No.3, Surya Towers,
2nd Floor, First East Street,
K.K.Nagar, Madurai-20.
3. The Competent Authority/District Revenue Officer,
National Highways Land Acquisition Officer,
Madurai.
4. The District Collector,
Madurai District, Madurai. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 2 and 3 to refer
1/8
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W.P.(MD)No.13419 of 2021
the award in Na.Ka.No.26714/2018/B3 to the Land Acquisition Tribunal
(Principal Sub-Court, Madurai) under Section 64(1) of the Act, 2013.
For Petitioner : Mr.G.Jeremiah.
For Respondents : Mr.Arul Vadivel @ Sekar
for R2 and R3
Mr.P.Subbaraj,
Counsel for State for R4
Mr.J.Parekh Kumar
for Mr.T.Mahendran for CGSC for R1
ORDER
The petitioner seeks the reference of the land acquisition award to
the Land Acquisition Tribunal (Principal Sub-Court, Madurai) under
Section 64(1) of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act 2013 (here-in-
after referred as “Act 30 of 2013”).
2. The petitioner states that the lands owned by the petitioner and
his brother jointly were acquired upon issuance of a notification under
Section 3A(1) of the National Highways Act, 1956. Upon such
acquisitions according to the petitioner, the market value of the property
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W.P.(MD)No.13419 of 2021
was fixed at an extremely low value of Rs.1320/- per Sq.Ft., whereas the
actual market value is about Rs.5000/- per Sq.Ft. The third respondent is
said to have passed an award on 01.02.2019 and the award amount was
deposited on 06.02.2019.
3. The petitioner states that he made representations on 13.02.2019
and 04.03.2019 to the District Collector for payment of enhanced
compensation. However, the District Collector refused to make a
reference under Section 64(1) of Act 30 of 2013. The present writ
petition is filed in the said facts and circumstances.
4. Mr.L.Arul Vadivel alias Sekar, learned Standing Counsel,
accepts notice on behalf of respondents 2 and 3. He points out that the
present petition is completely misconceived inasmuch as Act 30 of 2013
is made inapplicable to acquisitions by the National Highways except
that compensation would be paid in terms of Act 30 of 2013. He also
points out that the District Collector is the designated arbitrator in terms
of Section 3-G(5) of the National Highways Act, 1956. Consequently, he
states that the matter cannot be referred to the Land Acquisition Tribunal
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W.P.(MD)No.13419 of 2021
in terms of Section 64(1) of Act 30 of 2013.
5. Learned counsel for the petitioner states that Act 30 of 2013 is
applicable to all acquisitions made after the cut-off date specified therein.
In view of the fact that the present acquisitions admittedly took place
only in the year 2018, learned counsel contends that Act 30 of 2013
including Section 64(1) thereof, would clearly apply to the present case.
He also refers to a judgment of the Hon'ble Karnataka High Court in such
regard.
6. Upon considering the rival contentions, the main question that
arises for consideration is whether the petitioner is entitled to a reference
under section 64(1) of Act 30 of 2013. Upon perusal of Act 30 of 2013, it
is clear that acquisitions under certain specified enactments are excluded
from the applicability of Act 30 of 2013. In particular, Section 105(1) of
Act 30 of 2013 states expressly as under:
“(i) Subject to sub-section (3) the provisions of this Act shall not
apply to the enactments relating to land acquisition specified in the
Fourth Schedule.”
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W.P.(MD)No.13419 of 2021
Sl.No.7 of the Fourth Schedule specifies the National Highways
Act, 1956. Therefore, there is no doubt that the provisions of Act 30 of
2013 do not apply to acquisitions under the National Highways Act, and
the limited exception is in sub-section (3) of Section 105. Sub-section (3)
provides that the Central Government shall by notification direct that the
provisions of Act 30 of 2013 relating to the determination of
compensation (in accordance with the First Schedule thereto) shall apply
to cases of land acquisition under the enactments specified in the Fourth
Schedule.
7. Thus, it is clear that Act 13 of 2013 would apply only for the
limited purpose of determination of compensation. As correctly pointed
out by learned counsel for the NHAI, Section 3-G(5) provides for the
determination of enhanced compensation, upon application in such
regard, by an arbitrator. The designated arbitrator for such purpose is the
District Collector.
8. In the present case, an application for payment of enhanced
compensation has already been filed and has been taken on record as
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W.P.(MD)No.13419 of 2021
A.P.No.35/MNT/Periyapatti/2019. Therefore, it would suffice to direct
that the application for enhanced compensation be considered and
disposed of by the designated arbitrator within a reasonable time frame.
9. Accordingly, W.P(MD).No.13419 of 2021 is disposed of by
directing the fourth respondent herein to consider and dispose of the
petitioner's application (A.P.No.35/MNT/Periyapatti/2019) for enhanced
compensation within a period of three months from the date of receipt of
a copy of this order after providing a reasonable opportunity to the
petitioner and any others affected thereby. There will be no order as to
costs.
04.08.2021
Index : Yes
Internet : Yes
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W.P.(MD)No.13419 of 2021
To
1. The Secretary,
Union of India,
Ministry of Road Transport
and Highway,
New Delhi.
2. The Project Director,
National Highways Authority of India,
Project Implementation Unit,
Plot No.3, Surya Towers,
2nd Floor, First East Street,
K.K.Nagar, Madurai-20.
3. The Competent Authority/District Revenue Officer,
National Highways Land Acquisition Officer,
Madurai.
4. The District Collector,
Madurai District, Madurai.
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W.P.(MD)No.13419 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
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W.P.(MD)No.13419 of 2021
04.08.2021
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