Madras High Court
Govindan vs The Competent Authority And on 1 February, 2022
W.P.No.1232 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.1232 of 2022
and W.M.P.No.1318 of 2022
1. Govindan
2. Subarmani
3. Shajakan
4. Duraisamy
5. Thangaval
6. Sarasu ... Petitioners
-Vs-
1. The Competent Authority and
Special District Revenue Officer,
(Land Acquisition),
National Highways - 68,
Villupuram.
Holding Additional Charge of,
The Competent Authority,
and Special District Revenue Officer,
(Land Acquisition),
National Highways - 68,
Salem.
2. The Project Officer,
National Highways Authority of India - 68,
Salem. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.1232 of 2022
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the respondent to
disburse the statutory entitlement namely 30% solatium with interest till the day
of payment, in the light of judgment of Hon'ble Supreme Court of India in the
matter of Union of India and Another Vs Tarsem Singh and others, in Civil
Appeal No.7064 of 2019 by considering petitioners representation dated
27.10.2021 within time framed manner and pass further or other order as this
Hon'ble Court may deems fit and proper in the circumstances of the case.
For Petitioners : Mr.K.Sudhakar
For R1 : Mr.G.Ameedius
Government Advocate
For R2 : Mr.Su.Srinivasan
ORDER
This Writ Petition has been filed for the issuance of Writ of
Mandamus, directing the respondent to disburse the statutory entitlement
namely 30% solatium with interest till the day of payment, in the light of
judgment of Hon'ble Supreme Court of India in the matter of "Union of India
and Another Vs Tarsem Singh and others", in Civil Appeal No.7064 of 2019
by considering petitioners representation dated 27.10.2021 within time framed
manner and pass further or other order as this Hon'ble Court may deems fit and
proper in the circumstances of the case.
https://www.mhc.tn.gov.in/judis
W.P.No.1232 of 2022
2. Heard Mr.K.Sudhakar, learned counsel appearing for the
petitioners, Mr.G.Ameedius, learned Government Advocate appearing for the
first respondent and Mr.Su.Srinivasan, learned counsel appearing for the
second respondent.
3. All the petitioners owned their respective lands and the subject
lands were acquired by the respondents under the National Highways Act,
1956. After an award enquiry, the awards were passed and they were paid
compensation. However, they were not paid any solatium additional amount
with interest as contemplated under Section 23(1A) of the Land Acquisition
Act, 1894 for delayed payment of solatium as contemplated under Section
23(2) of the Land Acquisition Act and interest under Section 28 proviso of the
said Act.
4. This issue has to be settled by the Hon'ble Supreme Court of India in
the case of Union of India and Another Vs Tarsem Singh and others reported
in 2019 (9) SCC 304. Accordingly, the land owners are entitled for solatium
for the land acquired under National Highways Act between 1997 and 2015.
Therefore, the petitioners made their representation seeking solatium and
https://www.mhc.tn.gov.in/judis
W.P.No.1232 of 2022
interest for their respective lands, which were acquired by the respondents.
5. The Hon'ble Supreme Court of India held that the Government itself is
of the view that solatium with interest should be granted even in cases that arise
between 1997 and 2015. In the interest of justice, the Hon'ble Supreme Court
declared that the provisions of the Land Acquisition Act relating to solatium and
interest contained in Sections 23(1A) and 23(2) and interest payable in terms of
Section 28 proviso will apply to acquisition made in the National Highways Act.
Consequently, the provision of Section 3-J is, to this extent, violative of Article
14 of the Constitution of India and therefore, declared to be unconstitutional.
6. Therefore, all the petitioners are entitled for solatium and interest for
their respect lands, which were acquired by the respondents under the National
Highways Act.
7. In view of the above, the first respondent is directed to consider their
representation, after giving an opportunity of hearing to the petitioners and pass
orders to pay solatium and interest in the light of the order passed by the
Hon'ble Supreme Court of India in the case of Union of India and Another Vs
Tarsem Singh and others, within a period of eight weeks from the date of
https://www.mhc.tn.gov.in/judis
W.P.No.1232 of 2022
receipt of a copy of this order.
8. With the above directions, this writ petition is disposed of.
Consequently, connected Miscellaneous petition is closed. There shall be no
order as to costs.
01.02.2022
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
To
1. The Competent Authority and
Special District Revenue Officer,
(Land Acquisition),
National Highways - 68,
Villupuram.
Holding Additional Charge of,
The Competent Authority,
and Special District Revenue Officer,
(Land Acquisition),
National Highways - 68,
Salem.
2. The Project Officer,
National Highways Authority of India - 68,
Salem.
G.K.ILANTHIRAIYAN, J.
https://www.mhc.tn.gov.in/judis
W.P.No.1232 of 2022
mn
W.P.No.1232 of 2022
and W.M.P.No.1318 of 2022
01.02.2022
https://www.mhc.tn.gov.in/judis
