Madras High Court
K.Ramasamy vs The District Collector on 2 November, 2021
WP.No.12107 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.No.12107 of 2017
1.K.Ramasamy
2.Chellammal
3.P.Renukadevi
4.P.Selvakumar ... 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
pass award and pay the compensation for the lands acquired in
S.No.366/4A, 371/11C1, 371/11F2, 371/11J1 and 371/11K1, in
Siluvampatti Village, Namakkal Taluk and District, at the rate of Rs.26/- per
1/6
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WP.No.12107 of 2017
sq.ft. and Rs.35/- per sq.ft. for the lands in S.No.389/6 situated in
Siluvampatti Village, Namakkal Taluk and District 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% for all the lands 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
For Respondents : Mr.Richardson Wilson,
Government Advocate
ORDER
This writ petition is filed to issue a Writ of Mandamus directing
the respondents herein to pass award and pay the compensation for the lands
acquired in S.No.366/4A, 371/11C1, 371/11F2, 371/11J1 and 371/11K1, in
Siluvampatti Village, Namakkal Taluk and District, at the rate of Rs.26/- per
sq.ft. and Rs.35/- per sq.ft. for the lands in S.No.389/6 situated in
Siluvampatti Village, Namakkal Taluk and District by passing award at the
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WP.No.12107 of 2017
rate of Rs.35/- per sq.ft. along with 30% solatium and 12% additional
amount and interest at the rate of 15% for all the lands 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.389/6, 371/11C1, 371/11F2,
371/11J1 and 371/11K1 situated at Siluvampatti Village, Namakkal Taluk
and District admeasuring 0.52.5 hectares originally belonged to late Koundi
Gouner who died on 20.01.2003. The land admeasuring to an extent of
1.24.0 hectares comprised in survey No.366/4A belonged to the first
petitioner. 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 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.8629 of 1998 and obtained interim
orders. However, those writ petitions were subsequently withdrawn by them
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WP.No.12107 of 2017
and award has been passed for the land situated around the petitioner's land
in award No.9 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. Insofar as the
land owned by the petitioners is concerned, they had put up poultry farm in
S.No.371/11C1 and after inspection fixed value at Rs.1,89,127/- for
building alone. However, the respondents failed to pass award in respect of
the subject land. Therefore, the petitioner 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.366/4A, 371/11C1, 371/11F2,
371/11J1 and 371/11K1, in Siluvampatti Village, Namakkal Taluk and
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WP.No.12107 of 2017
District, at the rate of Rs.26/- per sq.ft. and Rs.35/- per sq.ft. for the lands in
S.No.389/6 situated in Siluvampatti Village, Namakkal Taluk and District
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% for all the lands
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 (½)
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
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WP.No.12107 of 2017
G.K.ILANTHIRAIYAN, J.
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.12107 of 2017
02.11.2021
https://www.mhc.tn.gov.in/judis
