Madras High Court
P. Venkatachalam vs The District Collector on 21 October, 2021
1 W.P.No.22199 of
2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. Nos.22199, 22208, 22212, 22217, 22219, 22224 and 22226 of
2021
P. Venkatachalam, ... Petitioner
(In W.P. No.22199 of
2021)
1. Sivakami,
2.K. Kanagaraj , ... Petitioners
(In W.P. No.22208 of
2021)
1. P. Venkatachalam,
2. P. Rukmani,
3. Alamelu ... Petitioners
(In W.P. No.22212 of
2021)
K. Parvathi @ Vasantha ... Petitioner
(In W.P. No.22217 of
2021)
1. M. Lakshmanan,
2. M. Kandasami, ... Petitioners
(In W.P. No.22219 of
2021)
https://www.mhc.tn.gov.in/judis
2 W.P.No.22199 of
2021
Mahakrishnan, ... Petitioner
(In W.P. No.22224 of
2021)
Sivakami, ... Petitioner
(In W.P. No.22226 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 all Writ
Petitions)
COMMON PRAYER: These Petitions have been filed under Article 226 of
the Constitution of India, praying for to issue Writ of Mandamus directing
the respondents to pass fresh award by determining the amount of
compensation in accordance with Section 28A of the Land Acquisition Act,
1894 in the light of Judgment and Decree dated 17.02.2021, made in
L.A.O.P. No.2 of 2018 on the file of the sub-ordinate Court, Rasipuram with
respect to the land acquired from the petitioners herein, comprised in Survey
Nos.103/2B and 105/4B measuring an extent of 0.12.5 Hectare, 134/5B,
134/6A and 1347B, measuring an extent of 0.19.5 Hectare, 104/4B
measuring an extent of 0.21.5 Hectare, 103/6Band 103/7A2 measuring an
https://www.mhc.tn.gov.in/judis
3 W.P.No.22199 of
2021
extent of 0.19.0 Hectare, 153/6B1 measuring an extent of 0.07.0 Hectare,
161/2A2, 161/2B2 and 161/3A2, measuring an extent of 0.31.0 Hectare,
and 97/1B, measuring an extent of 0.11.5 Hectare, situated in Athanur
Village, Rasipuram Taluk, Namakkal District, based on the representation of
the petitioners' dated 13.08.2021, 13,08.2021, 13,08.2021, 14.08.2021,
19.08.2021 and 19.08.2021 respectively and pass appropriate orders
accordingly.
For Petitioners :: Mr. S. Senthil
(For D. Vairamoorthy)
For Respondents :: Mr. V. Veluchamy
(Government Advocate)
(in All Writ Petitions)
*****
COMMON ORDER
These Writ Petitions have been filed under Article 226 of the
Constitution of India, praying for to issue Writ of Mandamus directing the
the respondents to pass fresh award by determining the amount of
compensation in accordance with Section 28A of the Land Acquisition Act,
1894 in the light of Judgment and Decree dated 17.02.2021, made in
L.A.O.P. No.2 of 2018 on the file of the sub-ordinate Court, Rasipuram with
respect to the land acquired from the petitioners herein, comprised in Survey
Nos.103/2B and 105/4B measuring an extent of 0.12.5 Hectare, 134/5B,
134/6A and 1347B, measuring an extent of 0.19.5 Hectare, 104/4B
https://www.mhc.tn.gov.in/judis
measuring an extent of 0.21.5 Hectare, 103/6Band 103/7A2 measuring an
extent of 0.19.0 Hectare, 153/6B1 measuring an extent of 0.07.0 Hectare,
161/2A2, 161/2B2 and 161/3A2, measuring an extent of 0.31.0 Hectare,
and 97/1B, measuring an extent of 0.11.5 Hectare, situated in Athanur
Village, Rasipuram Taluk, Namakkal District, based on the representation of
the petitioners' dated 13.08.2021, 13,08.2021, 13,08.2021, 14.08.2021,
19.08.2021 and 19.08.2021 respectively and pass appropriate orders
accordingly.
2.Heard the learned counsel for the petitioners and the learned
Government Advocate for the respondents as well as perused the material
available on records.
3. Having considering the facts and circumstances of the case and
the submissions of the learned counsel on either side, it is seen that the
property in Survey Nos.103/2B and 105/4B measuring an extent of 0.12.5
Hectare, 134/5B, 134/6A and 1347B, measuring an extent of 0.19.5
Hectare, 104/4B measuring an extent of 0.21.5 Hectare, 103/6Band
103/7A2 measuring an extent of 0.19.0 Hectare, 153/6B1 measuring an
extent of 0.07.0 Hectare, 161/2A2, 161/2B2 and 161/3A2, measuring an
https://www.mhc.tn.gov.in/judis
extent of 0.31.0 Hectare, and 97/1B, measuring an extent of 0.11.5 Hectare
situated in Athanur Village, Rasipuram Taluk, Namakkal District, was
acquired by the respondents for the purpose of forming Salem-Karur Broad
Gauge Railway Line in Athanur Village under Section 4(1) of the Land
Acquisition Act, 1894, by fixing the compensation at Rs.2,05,140/- per
Hectare for wet lands and at Rs.74,100/- per Hectare for the Dry lands by
award dated 30.10.1999 in Award No.13/1999-2000 vide ROC No.82/98
Unit-I. The petitioners herein appeared for the award enquiry and gave their
deposition stating that the value determined by the 2nd respondent is lower
than the prevailing market value, however, they received the said
compensation under protest. Being dissatisfied by the award for
compensation, the petitioners have made representations dated 13.08.2021,
14.08.2021, 19.08.2021 and 19.08.2021 before the respondents herein
relying upon the Judgment and Decree dated 17.02.2021 made in L.A.O.P.
No.2 of 2018 passed by the Sub-Ordinate Judge, Rasipuram, which was
passed based upon the Judgment and Decree dated 09.04.2018 made in
L.A.O.P. No.79 of 2018 on the file of the Sub-ordinate Court, Rasipuram,
seeking to enhance the compensation uniformly @ Rs.25/- per Sq.Ft. in
respect of both the wet and dry lands, in accordance with Section 28A of the
Land Acquisition Act, 1894. Even after receipt of the aforesaid
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representations sent by the petitioners herein, the respondents neither sent
any reply nor passed any orders on their representations so far. Hence, this
Court directs the respondents to consider their above representations and
pass appropriate orders in accordance with law within a period of four
months from the date of receipt of copy of this order after affording
sufficient opportunity of hearing to the petitioners herein.
V.BHAVANI SUBBAROYAN.,J
Lbm
4. In the result, the Writ petitions are disposed of accordingly.
Consequently, connected miscellaneous petitions are closed if any. There
shall be no order as to costs.
21.10.2021
Lbm
Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
To:
1.The District Collector,
Namakkal District,
Namakkal.
https://www.mhc.tn.gov.in/judis
2. The Special Tahsildar, (Land Acquisition),
Salem - Karur Broad Gauge,
Railway Line Project,
Namakkal.
W.P. Nos.22199, 22208, 22212, 22217, 22219, 22224 and 22226 of
https://www.mhc.tn.gov.in/judis
