Madras High Court
P.Rajendran vs The District Collector on 2 November, 2021
WP.No.12108 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.12108 of 2017
1.P.Rajendran
2.P.Murugesan ... Petitioners
Vs
1.The District Collector,
Namakkal District,
Namakkal
2.The Revenue Divisional Officer / Special Tahsildar(LA),
Land Acquisitioning Officer,
Master Plan Complex,
Namakkal ... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondents herein to pay
the compensation for the lands acquired in S.No.324/2 measuring an extent
of 0.73.5 hectares in Siluvampatti Village, Namakkal Taluk and District
belonging to the petitioners by passing award at the rate of Rs.35/- per sq.ft.
along with 30% solatium and 12% additional amount and interest at the rate
of 15% from the date of taking possession based upon the judgment
rendered by this Court in AS.No.110 to 278 of 2015 dated 17.08.2015 based
upon the representation of the petitioners dated 05.10.2016 within a time
frame as fixed by this Court.
For Petitioners : Mr.R.Bharanidharan
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WP.No.12108 of 2017
For Respondents : Mr.Richardson Wilson,
Government Advocate
ORDER
This writ petition is filed to issue a Writ of Mandamus directing
the respondents herein to pay the compensation for the lands acquired in
S.No.324/2 measuring an extent of 0.73.5 hectares in Siluvampatti Village,
Namakkal Taluk and District belonging to the petitioners by passing award
at the rate of Rs.35/- per sq.ft. along with 30% solatium and 12% additional
amount and interest at the rate of 15% from the date of taking possession
based upon the judgment rendered by this Court in AS.No.110 to 278 of
2015 dated 17.08.2015 based upon the representation of the petitioners
dated 05.10.2016 within a time frame as fixed by this Court.
2. The land comprised in S.No.324/2 situated at Siluvampatti
Village, Namakkal Taluk and District admeasuring 0.73.5 hectares
originally belonged to late Muthu Gounder who died on 15.09.1999. While
being so, the second respondent issued notification under Section 4(1) of
the Land Acquisition Act, 1894 on 05.06.1998 for the purpose of
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WP.No.12108 of 2017
constructing master plan complex. Thereafter, Section 6 declaration was
made on 24.06.1998. Some of the land owners questioned the acquisition
proceedings in WP.No.4082 of 1999 and obtained interim orders. However,
those writ petitions were subsequently withdrawn by them and award has
been passed for the land situated around the petitioner's land in award No.2
of 1998. Thereafter, the land owners sought for reference under Section 18
of the said Act and culminated in LAOP.Nos.5 of 2007 to 173 of 2007.
Referral court by judgment and decree dated 12.02.2014 determined the
value of the land at Rs.26/- per sq.ft. It was challenged by the Government
in AS.Nos.110 to 278 of 2015 batch and all the appeal suits were dismissed
by this Court by the judgment and decree dated 17.08.2015 upholding the
compensation awarded by the reference court. However, the respondents
failed to pass award in respect of the subject land. Therefore, the petitioners
submitted representation to request the respondents to pass award as per the
value determine by this Court.
3. Considering the above, the second respondent is directed to
pass award for the lands comprised in S.No.324/2 measuring an extent of
0.73.5 hectares in Siluvampatti Village, Namakkal Taluk and District
https://www.mhc.tn.gov.in/judis
WP.No.12108 of 2017
belonging to the petitioners by passing award at the rate of Rs.35/- per sq.ft.
along with 30% solatium and 12% additional amount and interest at the rate
of 15% from the date of taking possession based upon the judgment
rendered by this Court in AS.No.110 to 278 of 2015 dated 17.08.2015 based
upon the representation of the petitioners dated 05.10.2016 which was
already acquired for the purpose of master plan complex within a period of
eight weeks from the date of receipt of copy of this order, if not already
passed.
4. With the above direction, this writ petition is disposed of. No
order as to costs.
02.11.2021
lok (2/2)
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
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WP.No.12108 of 2017
G.K.ILANTHIRAIYAN, J.
https://www.mhc.tn.gov.in/judis
WP.No.12108 of 2017
lok
To
1.The District Collector,
Namakkal District,
Namakkal
2.The Revenue Divisional Officer / Special Tahsildar(LA),
Land Acquisitioning Officer,
Master Plan Complex,
Namakkal
WP.No.12108 of 2017
02.11.2021
https://www.mhc.tn.gov.in/judis
