Madras High Court
S.Ranganathan vs The Member Secretary on 6 June, 2022
W.P. Nos. 11828 of 2022 etc batch.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. Nos. 11828, 11830, 11832, 11835, 11836, 11837,
11839, 11840, 11842, 11844, 11845, 11846, 11847 & 11848 of 2022
and
W.M.P.Nos.11272,11267,11269,11280,11281,11271,11273,
11890,11277,11282,11283,11260,11262,11263 & 11274 of 2022
W.P.No.11828 of 2022
S.Ranganathan .. Petitioner
Versus
1.The Member Secretary,
Chennai Metropolitan Development Authority,
(Chennai Outer Ring Road Scheme)
No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Special Tahsildar (LA)
& Land Acquisition Officer Unit IV,
Chennai Outer Ring Road Scheme,
Chennai Metropolitan Development Authority,
Koyambedu, Chennai - 600 107.
3.Tamil Nadu Road Development Company Ltd.,
Rep. by its Chairman & Managing Director,
171, II Floor, Tamil Nadu Maritime Board Bldg.,
South Kesava Perumal Puram,
Pasumpon Muthuramalaingam Road,
Raja Annamalaipuram, Chennai - 28. .. Respondents
Prayer in W.P. No. 11828 of 2022: Writ Petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus directing the 1st
respondent to make payment of the enhanced compensation to the petitioner in
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W.P. Nos. 11828 of 2022 etc batch.
terms of the judgment and decree dated 02.07.2021 passed by the Hon'ble
Principal District Judge, Tiruvallur In L.A.O.P.No.244 of 2020 within a period
as may be fixed by this Court.
For Petitioner : Mr.R.Maheswari (in all cases)
For Respondents : Mrs.P.Veena Suresh
CMDA for RR1 and 2 (in all cases)
Mr.A.Anandan
Government Advocate for R3 (in all cases)
COMMON ORDER
These writ petitions have been filed seeking for issuance of a Writ of
Mandamus to direct the 1st respondent to make payment of the enhanced
compensation to the petitioners, in terms of the judgment and decree passed in
Land Acquisition Original Petitions filed by the petitioners dated 02.07.2021
by the Principal District Judge, Tiruvallur within a period that may be fixed by
this Court.
2. The case of the petitioners is that they are the owners of the land
situated at Tirunindravur Village. Subsequently, Awards were passed on
15.03.2010 by the 2nd respondent for acquiring petitioners' land for the
purpose of formation of Outer Ring Road Project. While that being so,
petitioners have filed Land Acquisition Original Petitions before the Principal
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W.P. Nos. 11828 of 2022 etc batch.
District Judge, Tiruvallur for enhancement of compensation under Section 18
of Land Acquisition Act, against the Tahsildar and they were partly allowed on
02.07.2021 by directing the respondents 1 and 2 therein to pay compensation
calculated at Rs.1840 per sq. ft. plus solatium and interest. Since the
respondents have not made any payment to the petitioners, they have come up
with these writ petitions.
3. Though very many grounds have been raised in these writ petitions,
the learned counsel for the petitioner submits that it would suffice if this Court
issues direction to the 1st respondent to pay the Award amount in terms of the
judgment and decree passed in the Land Acquisition Original Petitions filed by
the petitioners dated 02.07.2021 and pass appropriate orders within a
particular time frame to be fixed by this Court.
4. The learned counsel appearing for Respondents 1 and 2 (CMDA) and
learned Government Advocate for 3rd respondent has no objection for said
order being passed.
5. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
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W.P. Nos. 11828 of 2022 etc batch.
6. In view of the aforesaid submissions, this Court, without expressing
any opinion on the merits of the case, directs the 1st respondent to pay the
Award amount in terms of the Land Acquisition Original Petitions filed by the
petitioners i.e. LAOP No.244 of 2020 on the file of the Principal District
Judge, Thiruvallur District, dated 02.07.2021, within a period of twelve weeks
from the date of receipt of a copy of this order, if there is no legal impediment.
7. These writ petitions are accordingly disposed of. No costs.
Consequently connected miscellaneous petitions are closed.
06.06.2022
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Index : Yes/No
Speaking order : Yes/No
To
1. The Member Secretary,
Chennai Metropolitan Development Authority,
(Chennai Outer Ring Road Scheme)
No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2. The Special Tahsildar (LA)
& Land Acquisition Officer Unit IV,
Chennai Outer Ring Road Scheme,
Chennai Metropolitan Development Authority,
Koyambedu, Chennai - 600 107.
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W.P. Nos. 11828 of 2022 etc batch.
3. Tamil Nadu Road Development Company Ltd.,
Rep. by its Chairman & Managing Director,
171, II Floor, Tamil Nadu Maritime Board Bldg.,
South Kesava Perumal Puram,
Pasumpon Muthuramalaingam Road,
Raja Annamalaipuram, Chennai - 28.
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W.P. Nos. 11828 of 2022 etc batch.
M.DHANDAPANI, J.
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W.P.Nos.11828 of 2022 etc batch
06.06.2022
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