Madras High Court
Palanisamy vs The Competent Authority Cum on 24 January, 2022
W.P.No.784 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.784 of 2022
Palanisamy .... Petitioner
Vs
1. The Competent Authority cum
Special District Revenue Officer,
(Land Acquisition)
National Highways – 47 & 67,
No.3, Savarimuthu Chettiar Street,
Red Fields, Coimbatore – 641 045.
2. The Project Officer,
National Highways Authority of India – 47 & 67,
Coimbatore. .... Respondents
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus, directing the respondents 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 petitioner's representation dated
20.10.2021 within time framed manner.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.784 of 2022
For Petitioner : Mr.K.Sudhakar
For R1 : Mr.G.Ameedius
Government Advocate
For R2 : Mr.Su.Srinivasan
ORDER
This Writ Petition is filed to issue a Writ of Mandamus to direct
the respondents 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 case of Union of India and Another Vs
Tarsem Singh and others reported in 2019 (9) SCC 304 by considering
petitioner's representation dated 20.10.2021 within time framed manner.
2. The petitioner owned the land in S.No.218/4, situated at
Mavuthampathy Village was acquired by the respondents under the National
Highways Act, 1956. After an award enquiry, the award was 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
https://www.mhc.tn.gov.in/judis
W.P.No.784 of 2022
under Section 28 proviso of the said Act.
3. 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 petitioner made his representation
seeking solatium and interest for their respective lands, which were acquired
by the respondents.
4. 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
https://www.mhc.tn.gov.in/judis
W.P.No.784 of 2022
therefore, declared to be unconstitutional.
5. Therefore, the petitioner is entitled for solatium and interest for
their respect lands, which were acquired by the respondents under the
National Highways Act.
6. In view of the above, the Competent Authority-cum-Special
District Revenue Officer, (Land Acquisition) National Highways – 47 & 67
viz., the first respondent is directed to consider the petitioner's
representation, after giving an opportunity of hearing to the petitioner 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, reported in 2019 (9) SCC 304,
within a period of eight weeks from the date of receipt of a copy of this
order.
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W.P.No.784 of 2022
7. With the above direction, this writ petition is disposed of. No
costs.
24.01.2022
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Index:Yes/No
Internet:Yes/No
To
1. The Competent Authority cum
Special District Revenue Officer,
(Land Acquisition)
National Highways – 47 & 67,
No.3, Savarimuthu Chettiar Street,
Red Fields, Coimbatore – 641 045.
2. The Project Officer,
National Highways Authority of India – 47 & 67,
Coimbatore.
https://www.mhc.tn.gov.in/judis
W.P.No.784 of 2022
G.K.ILANTHIRAIYAN,J.
kv
W.P.No.784 of 2022
24.01.2022
https://www.mhc.tn.gov.in/judis
