Madras High Court
M.Mariappan vs The District Collector on 10 November, 2021
W.P.Nos.21817, 21819 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.21817, 21819 of 2021
M.Mariappan ... Petitioner W.P.No.21817 of 2021
M.Natarajan ... Petitioner W.P.No.21819 of 2021
Vs
1.The District Collector,
Namakkal District,
Namakkal.
2.The Special Tahsildar (Land Acquisition),
Salem - Karur Broad Gauge
Railway Line Project,
Namakkal. ... Respondents in both WP's
Prayer in W.P.No.21817 of 2021 : Writ Petition has been filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus directing the
respondents to pass fresh award by re-determining the amount of
compensation in accordance with Section 28A of the Land Acquisition Act,
1/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.21817, 21819 of 2021
1894 in the light of Judgment and Decree dated 09.04.2018, made in
L.A.O.P.No.79 of 2008 on the file of the Subordinate Court, Rasipuram with
respect to the land acquired from the Petitioner herein, comprised in Survey
Nos.104/4B, 104/1A2 and 106/4B measuring an extent of 0.18.5 Hectare
situated in Athanur Village, Rasipuram Taluk, Namakkal District, based on
the representation of the petitioner dated 01.08.2019.
Prayer in W.P.No.21819 of 2021 : Writ Petition has been filed under Article
226 of the Constitution of India, to issue a Writ of Mandamus directing the
respondents to pass fresh award by re-determining the amount of
compensation in accordance with Section 28A of the Land Acquisition Act,
1894 in the light of Judgment and Decree dated 09.04.2018, made in
L.A.O.P.No.79 of 2008 on the file of the Subordinate Court, Rasipuram with
respect to the land acquired from the Petitioner herein, comprised in Survey
Nos.104/1B2 and 105/1B measuring an extent of 0.16.0 Hectare situated in
Athanur Village, Rasipuram Taluk, Namakkal District, based on the
representation of the petitioner dated 01.08.2019.
2/8
https://www.mhc.tn.gov.in/judis
W.P.Nos.21817, 21819 of 2021
For Petitioner : Mr.D.Vairamoorthy
in both WP's
For Respondents : Mr.A.Selvendran,
in both WP's Government Advocate
**********
ORDER
The W.P.No.21817 of 2019 is filed toissue a Writ of Mandamus
directing the respondents to pass fresh award by re-determining the amount
of compensation in accordance with Section 28A of the Land Acquisition
Act, 1894 in the light of Judgment and Decree dated 09.04.2018, made in
L.A.O.P.No.79 of 2008 on the file of the Subordinate Court, Rasipuram with
respect to the land acquired from the Petitioner herein, comprised in Survey
Nos.104/4B, 104/1A2 and 106/4B measuring an extent of 0.18.5 Hectare
situated in Athanur Village, Rasipuram Taluk, Namakkal District, based on
the representation of the petitioner dated 01.08.2019.
2. The W.P.No.21819 of 2019 is filed to issue a Writ of Mandamus
directing the respondents to pass fresh award by re-determining the amount
https://www.mhc.tn.gov.in/judis
W.P.Nos.21817, 21819 of 2021
of compensation in accordance with Section 28A of the Land Acquisition
Act, 1894 in the light of Judgment and Decree dated 09.04.2018, made in
L.A.O.P.No.79 of 2008 on the file of the Subordinate Court, Rasipuram with
respect to the land acquired from the Petitioner herein, comprised in Survey
Nos.104/1B2 and 105/1B measuring an extent of 0.16.0 Hectare situated in
Athanur Village, Rasipuram Taluk, Namakkal District, based on the
representation of the petitioner dated 01.08.2019.
3. The case of the petitioner is that the petitioner in W.P.No.21817
of 2019 owned land comprised in Survey Nos.104/4B, 104/1A2 and 106/4B
admeasuring to an extent of 0.18.5 Hectare situated in Athanur Village,
Rasipuram Taluk, Namakkal District.
4. The case of the petitioner is that the petitioner in W.P.No.21819
of 2019 owned land comprised in Survey Nos.104/1B2 and 105/1B
admeasuring to an extent of 0.16.0 Hectare situated in Athanur Village,
Rasipuram Taluk, Namakkal District.
https://www.mhc.tn.gov.in/judis
W.P.Nos.21817, 21819 of 2021
5. The said land was acquired by the second respondent for the
purpose of forming Salem-Karur Broad Gauge Railway Line in Athanur
Village. The notification under Section 4(1) of the Land Acquisition Act,
1894 was published in two local dailies on 30.01.1999 and 31.01.1999.
Since, the emergency provision under Section 17 was invoked and as such
the enquiry as contemplated under Section 5A was dispensed with.
Thereafter, the Draft Declaration under Section 6 of the Land Acquisition Act
was published under the Tamil Nadu Government Gazette on 12.05.1999.
6. After completion of award enquiry the second respondent passed
an award on 30.10.1989 in Award No.13 of 1999 vide Roc.No.82/98 Unit I.
As per the award the second respondent fixed compensation at Rs.2,05,140/-
per Hectare for Wet lands and at Rs.74,100/- pet Hectare for the Dry lands.
The said amount has been deposited into the Subordinate Court, Namakkal
under Section 30 of the Land Acquisition Act in L.A.O.P.Nos.33, 34 of 2000,
since the petitioner could not able to produce document pertaining to
ownership during award enquiry.
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W.P.Nos.21817, 21819 of 2021
7. In view of the pendency of the said L.A.O.P the second
respondent had not made any application under Section 18 of the Land
Acquisition Act for reference. However, similarly placed land owners under
the very same notification under Section 4(1) of the Act sought for reference
under Section 18 of the Land Acquisition Act. The reference was made in
L.A.O.P.No.79 of 2008 on the file of the Subordinate Court, Rasipuram.
8. By an order dated 09.04.2018 the Subordinate Court, Rasipuram
enhanced the compensation at Rs.25/- per sq.ft., in respect of both wet and
dry lands in L.A.O.P.No.79 of 2008. The petitioner immediately after coming
to the knowledge of the award passed in L.A.O.P.No.79 of 2008 dated
09.04.2018, he applied for certified copy of the said Judgment and Decree on
13.04.2018. The Judgment and Decree was made ready only on 15.05.2019
and the same was received by his counsel on 22.05.2019. On receipt of the
Judgment and Decree, the petitioner made his representation on 01.08.2019
within the prescribed time limit as contemplated under Section 28A of the
Land Acquisition Act. However, the first respondent did not consider the
same and simply kept the same pending.
https://www.mhc.tn.gov.in/judis
W.P.Nos.21817, 21819 of 2021
9. Considering the above, the first respondent is directed to
consider the representation of the petitioner dated 01.08.2019 under Section
28A of the Land Acquisition Act as per the Judgment and Decree passed in
L.A.O.P.No.79 of 20008 on the file of the Subordinate Court, Rasipuram
dated 09.04.2018 and re-determine the value of the land comprised in Survey
Nos.104/4B, 104/1A2 and 106/4B, admeasuring an extent of 0.18.5 Hectare
and in Survey Nos.104/1B2 and 105/1B, admeasuring to an extent of 0.16.0
Hectare situated in Athanur Village, Rasipuram Taluk, Namakkal District and
pass orders on merits and in accordance with law within a period of twelve
weeks thereafter.
10. With the above directions, these writ petitions disposed of. No
order as to costs.
10.11.2021
Index:Yes/No
Speaking Order: Yes/No
rna
https://www.mhc.tn.gov.in/judis
W.P.Nos.21817, 21819 of 2021
G.K.ILANTHIRAIYAN,J.
rna
To
1.The District Collector,
Namakkal District,
Namakkal.
2.The Special Tahsildar (Land Acquisition),
Salem - Karur Broad Gauge
Railway Line Project,
Namakkal.
W.P.Nos.21817, 21819 of 2021
10.11.2021
https://www.mhc.tn.gov.in/judis
