The Government Of Tamilnadu vs V.Ramalinga Chettiar
2021 Latest Caselaw 13185 Mad

                                                                             W.A.No.1510 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 05.07.2021

                                                           CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                  W.A.No.1510 of 2021
                                                and C.M.P.No.9625 of 2021

                     1.The Government of Tamilnadu
                       Rep. by its Secretary to Government
                       Energy Department,
                       Fort St.George, Secretariat,
                       Chennai - 600 009.

                     2.The District Collector,
                       Kancheepuram District.

                     3.The Special Tahsildar
                       Land Acquisition Unit - IV,
                       Ultra Mega Power Project,
                       Cheyyur, Kancheepuram District.                             .. Appellants

                                                            Vs

                     V.Ramalinga Chettiar                                         .. Respondent



                               Appeal filed under Clause 15 of Letters Patent against the order
                     dated 23.02.2018 made in W.P.No.41236 of 2016.


                               For Appellants          :     Mr.D.Ravichander,
                                                             Government Counsel

                               For Respondent          :     Mr.AR.Karthik Lakshmanan

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                    W.A.No.1510 of 2021



                                                       JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

The issue involved in this appeal is with respect to the payment

of compensation either under the Act under which the acquisition

proceedings were initiated or under the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013 (for short 'the Act').

2.It is submitted by both the counsel that the issue involved is

covered by the judgment of the Division Bench of this Court in

W.A.No.2901 of 2019 dated 05.09.2019. The learned Government

Counsel further submitted fairly that a challenge was made to the

amended provision contained under Section 105A of the Act and the

same has been struck down by the Division Bench of this Court and

during the pendency of the W.P. (C) No.1411 of 2020 dated

29.06.2021 (G.Mohan Ram and Others Vs. State of Tamil Nadu and

Others), a new amendment has come into force, which has been

declared as intravires and even in the said amendment, the

compensation has to be fixed under the provisions of the Act as per

Section 6(3).

https://www.mhc.tn.gov.in/judis/ W.A.No.1510 of 2021

3.In view of the above, this writ appeal stands dismissed.

Accordingly, we direct the appellants to proceed further and pass an

award as per the newly amended provision. The aforesaid process will

have to be completed within a period of four months from the date of

receipt of a copy of this judgment. No costs. Consequently, connected

miscellaneous petition is closed.

                                                             (M.M.S., J.)    (R.N.M., J.)
                                                                     05.07.2021
                     Index:Yes/No
                     mmi/ssm

https://www.mhc.tn.gov.in/judis/ W.A.No.1510 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1510 of 2021

05.07.2021

https://www.mhc.tn.gov.in/judis/