Madras High Court
R.Shanmugam vs The Commissioner Of Municipal ... on 30 September, 2021
W.P.No.20743 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2021
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.20743 of 2021
R.Shanmugam ... Petitioner
Vs.
1. The Commissioner of Municipal Administration,
Ezhilagam,
Chepauk, Chennai - 5.
2. The Commissioner,
Corporation of Chennai,
Chennai - 3,
3. Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George, Secretariat,
Chennai - 5.
4. Zonal Officer,
Zone - 12, Corporation of Chennai,
Alandur, Chennai - 16. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to pay compensation
under the Provisions of Right to Fair Compensation Act for compulsory
acquisition of petitioner's lands comprised in S.No.26/2, T.S.No.9/2, D.No.82,
Durai Raj Street previously Alandur Municipality, presently Zone 12, Chennai
Corporation, Pazhavandangal, in the year 1988 and award interest in the
compensation to be determined from the date of acquisition to till date for
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W.P.No.20743 of 2021
deprivation of property not in accordance with law.
For Petitioner : Mr.B.Vijay
For R1 : Mr.V.Veluchamy
Government Advocate
For R2 & R4 : Mr.R.Gopinath
Standing Counsel
ORDER
This Writ Petition has been filed to direct the respondents to pay
compensation under the Provisions of Right to Fair Compensation Act for
compulsory acquisition of petitioner's lands comprised in S.No.26/2,
T.S.No.9/2, D.No.82, Durai Raj Street previously Alandur Municipality,
presently Zone 12, Chennai Corporation, Pazhavandangal, in the year 1988
and award interest in the compensation to be determined from the date of
acquisition to till date for deprivation of property not in accordance with law.
2. According to the petitioner, he is the absolute owner of the land
comprised in S.No.26/2, T.S.No.9/2, D.No.82, Durai Raj Street,
Pazhavandangal Village, Alandur Municipality, presently Zone 12, Chennai
Corporation, Pazhavandangal admeasuring to an extent of 387 Sq.ft by virtue
of registered sale deed dated 11.09.1980 vide Document No.1935/1980
registered in the Sub Registrar Office, Alandur. He was in peaceful possession
and enjoyment of the said property. The said land was purchased by his hard
earned money to build a residential house for his occupation. On 22.09.1988,
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W.P.No.20743 of 2021
the Alandur Municipality has issued an Acquisition notice to him to acquire his
lands for formation of road at Pazhavandangal in the name of “Thillai Ganga
Nagar Link Road”. The said notice was not issued under the provisions of
Land Acquisition Act. He made an objection for acquisition of the lands without
even following the provisions of Land Acquisition Act 1894. However, the
Municipal Authorities have laid a public road in the acquired properties. He has
been requesting the Alandur Municipality to pay reasonable compensation for
the compulsory acquisition of his land and submitted various representations
for the last 33 years from time to time. But, the Municipal Authorities have not
initiated any action on his representation for payment of compensation. On
14.06.2001, the then Commissioner of Alandur Municipality addressed a
communication to the Inspector General of Registration with regard to payment
of compensation, but no action was taken by the authorities to disburse the
compensation amount to him.
3. Aggrieved by the inaction of the Municipal Authorities, the petitioner
has filed W.P.No.11619 of 2005 before this Court, for issuance of Writ of
Mandamus to direct the Municipality to pay compensation for the compulsory
acquisition of his lands along with reasonable rate of interest. This Court, by
order dated 22.01.2010, was pleased to direct the respondents therein to
consider his representation and make payment of compensation within a
period of 12 weeks from the date of receipt of a copy of the order. The
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W.P.No.20743 of 2021
respondents have not initiated any action in pursuance of the direction issued
by this Court. Hence, he again made a representation in the month of October
2010 for payment of compensation in accordance with the direction issued by
this Court. The Commissioner of Alandur Municipality has addressed a
communication dated 22.10.2010 to the Commissioner of Municipal
Administration stating that his land has been acquired for formation of road in
the year 1988 and compensation has not been paid for all these years, and
sought for appropriate instruction for determination of compensation. Even
after receipt of the said proposal, the 1st respondent has not issued any
direction for payment of compensation.
4. The petitioner made another representation on 14.02.2018 and
05.04.2018 to the District Collector, Kanchipuram and the Commissioner of
Alandur Municipality to comply with the direction issued by this Court in the
aforesaid Writ Petition and to make payment of compensation forthwith. The
District Collector by proceedings dated 14.06.2018 has forwarded his
representation to the Commissioner of Alandur Municipality for immediate
disbursement of compensation. Further, the Secretary Mass Department has
also passed an order dated 02.08.2018 directing the Commissioner of
Chennai Corporation to pay compensation for acquisition of his lands. Despite
issuance of repeated directions by the Superior Officers, the 2nd respondent
has not initiated any action for payment of compensation. The Alandur
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W.P.No.20743 of 2021
Municipality was merged with the Chennai Corporation under Executive Order
issued on 25.10.2011. By virtue of expansion of territorial limits of corporation,
the Corporation Commissioner is bound to pay compensation to his property.
In this connection, the Assistant Commissioner Division 12 Corporation of
Chennai has addressed a communication to him for production of title deeds
and other documents for fixation of determination of compensation. On
26.09.2018, he has appeared before the Assistant Commissioner and
submitted the title deeds and other documents for determination of
compensation. Thereafter, the Divisional Officer addressed a communication to
him on 05.10.2018 stating that necessary action had been initiated for
determination of compensation and payments will be disbursed immediately
after obtaining sanction from the respective department. But, he was not paid
any compensation as stated by the Divisional Officer. On 09.11.2018, the
Superintendent Engineer of Chennai Corporation Division 12 has addressed a
long proposal to the Government and Corporation Commissioner for payment
of compensation for compulsory acquisition of his lands. It is stated in the said
communication that the Corporation has also passed a Resolution No.1441
dated 31.08.2010 seeking permission for payment of compensation, and
necessary documents authenticating his title was also taken on file. But, till
date, the respondents have not paid any compensation for his property and
therefore, he approached this Court by filing this Writ Petition.
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W.P.No.20743 of 2021
5. The learned counsel appearing for the petitioner would submit that
the petitioner's lands have been acquired in the year 1988 and the value of the
acquired lands have also been increased into a higher rate, but still the
respondents have not paid any compensation for his lands. Further, he would
submit that the petitioner is a senior citizen aged about 70 years and he has
been running from pillar to post for more than 33 years to get reasonable
compensation for his lands acquired by the Government.
6. In this regard, the Learned Government Advocate appearing for the
respondents has produced a copy of the letter dated 29.09.2021 sent by the
Deputy Secretary of Government addressed to the Chennai Corporation,
wherein, it is found that the Alandur Municipality has now been merged with
the Chennai Corporation. Hence, all the duties and responsibilities of the said
municipality have been entrusted to the Chennai Corporation. Further, it is
found that since the lands acquired from the petitioner are falls under the
Alandur Municipality, the Deputy Secretary of Government has directed the
Chennai Corporation to take immediate action on the Judgment passed by this
Court in W.P.No.11619 of 2005 filed by the petitioner for providing reasonable
compensation for his lands acquired in S.No.26/2. T.S.No.9/2, D.No.82, Durai
Raj Street, Pazhavandangal Village, Alandur Municipality, presently Zone 12,
Chennai Corporation, and to provide details of the same to the Government.
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W.P.No.20743 of 2021
7. In view of the above letter dated 29.09.2021 sent by the Deputy
Secretary of Government and taking into consideration the fact that the
petitioner's representation is in consideration before the respondents and the
same is now pending before the Corporation of Chennai, this Court hereby
directs the Chennai Corporation to consider the petitioner's representation for
reasonable compensation and pass appropriate orders, within a period of eight
weeks from the date of receipt of a copy of this order, after affording an
opportunity of personal hearing to the petitioner.
8. Accordingly, this Writ Petition is disposed of. No costs.
30.09.2021
raja
Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order
To
1. The Commissioner of Municipal Administration,
Ezhilagam,
Chepauk, Chennai - 5.
2. The Commissioner,
Corporation of Chennai,
Chennai - 3,
3. The Secretary to Government,
Municipal Administration and Water Supply Department,
Fort St.George, Secretariat,
Chennai - 5.
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W.P.No.20743 of 2021
4. The Zonal Officer,
Zone - 12, Corporation of Chennai,
Alandur, Chennai - 16.
V.BHAVANI SUBBAROYAN.J.,
raja
W.P.No.20743 of 2021
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W.P.No.20743 of 2021
30.09.2021
https://www.mhc.tn.gov.in/judis
