Madras High Court
Kandasamy vs The Competent Authority And on 19 January, 2022
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos. 28491, 28494, 28276 & 28279 of 2021
W.P.Nos.28491 & 28494 of 2021
Kandasamy .... Petitioner in
W.P.No.28491 of 2021
1. Ramasamy
2. Amsavalli .... Petitioners in
W.P.No.28494 of 2021
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 in
both W.Ps
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
W.P.No.28276 of 2021
1. G.Rangaraj
2. G.Loganathan
3. R.Ranganathan .... Petitioners
Vs
1. The Union of India,
Rep. by the Secretary to Government,
Ministry of Road Transport & Highways,
Transport Bhawan,
No.1, Parliamentary Street,
New Delhi – 110 001.
2. The National Highways Authority of India,
Rep. by the Chairman,
G5 & 6, Sector 10, Dwarka,
New Delhi – 110 075.
3. The Chief General Manager,
The National Highways Authority of India,
Regional Office,
Sri Tower, III Floor,
DP-34 (SP), Industrial Esstate,
Guindy, Chennai – 600 032.
4. The Project Director,
The National Highways Authority of India,
Project Implementation Unit (NS),
Door No.212-3/D3-1, Srinagar Colony,
Narasothipatti, Salem – 630 004.
5. The Arbitrator cum the District Collector,
Salem, Salem District – 636 001.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
6. The Competent Authority cum
Special District Revenue Officer (LA),
National Highways No.7, 46, 47 & 66,
Salem – Krishnagiri Districts,
No.433, Ex-Serviceman Welfare Building,
1st Floor, Bangalore Road,
Krishnagiri – 635 001. .... Respondents
W.P.No.28279 of 2021
1. G.Rangaraj
2. G.Loganathan
3. R.Ranganathan .... Petitioners
Vs
1. The Union of India,
Rep. by the Secretary to Government,
Ministry of Road Transport & Highways,
Transport Bhawan,
No.1, Parliamentary Street,
New Delhi – 110 001.
2. The National Highways Authority of India,
Rep. by the Chairman,
G5 & 6, Sector 10, Dwarka,
New Delhi – 110 075.
3. The Chief General Manager,
The National Highways Authority of India,
Regional Office,
Sri Tower, III Floor,
DP-34 (SP), Industrial Esstate,
Guindy, Chennai – 600 032.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
4. The Project Director,
The National Highways Authority of India,
Project Implementation Unit (NS),
Door No.212-3/D3-1, Srinagar Colony,
Narasothipatti, Salem – 630 004.
5. The Arbitrator cum the District Collector,
Salem, Salem District – 636 001.
6. The Competent Authority cum
Special District Revenue Officer (LA),
National Highways No.7, 46, 47 & 66,
Salem – Krishnagiri Districts,
No.433, Ex-Serviceman Welfare Building,
1st Floor, Bangalore Road,
Krishnagiri – 635 001.
7. Devi Rammya
8. Minor Y.Rushil
Rep. by his mother and natural guardian
Devi Rammya. .... Respondents
Prayer in W.P.Nos.28491 & 28494 of 2021 :- Writ Petitions are 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 petitioners representation dated 08.11.2021 and 02.11.2021
within time framed manner.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
Prayer in W.P.No.28276 of 2021 :- Writ Petition is filed under Article 226
of the Constitution of India praying to issue a writ of mandamus,directing
the respondents to compute and to pay the petitioners for acquisition of their
lands measuring 1035 sq.mts in survey No.39/2A2 (Part), Annathanapatti
Village covered under Award of the 6th respondent dated 27.06.2008 in
ROC.No.1299/2008 (A2) as modified by the Arbitral Award of the 5th
respondent dated 08.11.2012 in NH.No.47 Aa.Va.No.554/B2, the benefits
under Section 23(1A), 23(2) and the provisio to Section 28 of Land
Acquisition Act, 1894.
Prayer in W.P.No.28279 of 2021 :- Writ Petition is filed under Article 226
of the Constitution of India praying to issue a writ of mandamus,directing
the respondents to compute and to pay the petitioners for acquisition of their
16/18th share in the land measuring 343 sq.mts in survey No.47/2Ac2 (Part),
Annathanapatti Village covered under Award of the 6th respondent dated
27.06.2008 in ROC.No.1299/2008 (A2) as modified by the Arbitral Award
of the 5th respondent dated 08.11.2012 in NH.No.47 Aa.Va.No.554/B2, the
benefits under Section 23(1A), 23(2) and the provisio to Section 28 of Land
Acquisition Act, 1894.
In W.P.Nos.28491 & 28494 of 2021
For Petitioners : Mr.K.Sudhakar
For R1 : Mr.G.Krishna Raja
Additional Government Pleader
For R2 : Mr.Su.Srinivasan
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
In W.P.Nos. 28276 & 28279 of 2021
For Petitioners : Mr.T.M.Hariharan
For R1 : Mr.K.B.Arul
Central Government Standing Counsel
For R2 to R4 : Mr.Su.Srinivasan
For R5 & R6 : Mr.G.Krishna Raja
Additional Government Pleader.
COMMON ORDER
All the petitioners have filed these writ petitions for a direction
directing to compute and pay compensation of the benefits under Sections
23(1A), 23(2) and the proviso to Section 28 of Land Acquisition Act, 1894
for their respective lands, which were acquired by the respondents.
2. 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.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
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 petitioners made their 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 therefore, declared to be unconstitutional.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
5. 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.
6. In view of the above, the Competent Authority and Special
District Revenue Officer, National Highways Act-68 viz., the first
respondent in W.P.Nos.28491 & 28494 of 2021 and the sixth respondent in
W.P.Nos.28276 & 28279 of 2021, 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 receipt of a copy of this order.
7. With the above direction, these writ petitions are disposed of.
No costs.
19.01.2022
Lpp
Index:Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
To
1. The Competent Authority and
Special District Revenue Officer,
(Land Acquisition)
National Highways – 68,
Villupuram.
2. The Project Officer,
National Highways Authority of India – 68,
Salem.
3. The Secretary to Government,
Union of India,
Ministry of Road Transport & Highways,
Transport Bhawan,
No.1, Parliamentary Street,
New Delhi – 110 001.
4. The National Highways Authority of India,
Rep. by the Chairman,
G5 & 6, Sector 10, Dwarka,
New Delhi – 110 075.
5. The Chief General Manager,
The National Highways Authority of India,
Regional Office,
Sri Tower, III Floor,
DP-34 (SP), Industrial Esstate,
Guindy, Chennai – 600 032.
6. The Project Director,
The National Highways Authority of India,
Project Implementation Unit (NS),
Door No.212-3/D3-1, Srinagar Colony,
Narasothipatti, Salem – 630 004.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28491, 28494, 28276 & 28279 of 2021
G.K.ILANTHIRAIYAN,J.
Lpp
7. The Arbitrator cum the District Collector,
Salem, Salem District – 636 001.
W.P.Nos. 28491, 28494,
28276 & 28279 of 2021
19.01.2022
https://www.mhc.tn.gov.in/judis
