Madras High Court
K.Alagammal vs The Union Of India on 11 March, 2022
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002,
4113, 4145, 4307, 4641, 4665, 4874 & 4996 of 2022 and 26305 of 2021
and
W.M.P.Nos.2111, 1980, 2922, 5572, 4108, 4138, 4248, 4762, 4784 & 4993
of 2022
W.P.No.2547 of 2022:-
K.Alagammal ...Petitioner
Vs.
1. The Union of India,
Represented 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,
Represented by the Chairman,
G5 & 6, Sector 10, Dwaraka,
New Delhi - 110 075.
3. The Chief General Manager,
The National Highways Authority of India,
Regional Office,
Sri Tower, III floor,
1/11
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
DP - 34 (SP), Industrial Estate,
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.
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,
Ist Floor, Bangalore Road,
Krishnagiri - 635 001. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents to compute and to pay
to the petitioner for acquisition of her land measuring 84.5 sq.mts in Survey
No.47/2A1C2 (part), Annathanapatti Village covered under Award of the
sixth respondent dated 27.06.2008 in R.O.C.No.1299/2008 (A2) as
modified by the Arbitral Award of the fifth 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.
For Petitioners : Mr.T.M.H.Hariharan
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
For Respondents : Mr.R.Rajesh Vivekananthan
Assistant Solicitor General, for R1
Mr.Su.Srinivasan, SC, for R2 to R4
Mr.C.Kathiravan, Spl.GP, for R5 & R6
COMMON ORDER
As the issue arise in all the Writ Petitions are one and the same, they
are disposed of by way of common order.
2. All these writ petitions are filed seeking for a direction to the
respondents to compute and pay the compensation to petitioners for their
respective lands which were acquired by the respondents for the purpose of
implementing the National Highways Project under National Highways Act,
1956 and grant benefits under Section 23(1A), 23(2) and the proviso of
Section 28 of Land Acquisition Act, 1894.
3. The case of the petitioners is that, the petitioners are the owners of
the respective lands and their lands were acquired by the respondents under
the National Highways Act, 1956 (hereinafter referred as 'Act'). The
notification under Section 3A of the Act was issued on 12.02.2008 under
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
R.O.C.1299/2008(A2), dated 28.11.2008 and the declaration under Section
3D of the Act was issued on 13.06.2008 in R.O.C.1299/2008(A2), dated
After conducting enquiry, the 6th respondent passed an award in
R.O.C.1299/2008 (A2), dated 28.11.2008. As against the award passed by
the 6th respondent / competent authority under the Land Acquisition Act, the
petitioners preferred an appeal before the District Collector / Arbitrator. The
District Collector has modified the award and passed Award dated
08.11.2012 and the same became final and received the compensation from
the Government.
4. Thereafter, the petitioner came to know the law laid down by the
Hon'ble Apex Court reported in (2019) 9 SCC 304 in the case of Union of
India and another Vs. Tarsem Singh and others, in order to avail such
benefit, the similarly situated persons filed batch of writ petitions before this
Court in W.P.No.697 of 2021 etc, batch case and this Court vide order dated
04.10.2021, followed the Supreme Court decision and granted benefit under
Section 23 1 (A), 23(2) and the provisio to Section 28 of Land Acquisition
Act. Thereafter, once again, the other co-ordinate Bench in W.P.Nos.28491
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
of 2021 and batch cases, has also followed the same. In order to avail such
benefits, the present writ petitions have been filed by the petitioners.
5. Though very many grounds have been raised, the learned counsel
for the petitioners submits that the very same prayer was considered by this
Court in W.P.No.28276 of 2021 etc batch cases, and this Court vide order
dated 19.01.2022, disposed the writ petition by extending the benefit to the
similarly situated persons. The relevant portion of the above said order is
extracted hereunder:
"5. Therefore, all the petitioners are entitled for
solatium and interest for their respective 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 passsed 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."
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
6. The learned Standing Counsel for National Highways submitted
that, once settled issue cannot be re-opened after long period, however, the
Hon'ble Apex Court in the above said decision, declared 3-J as ultra vires
and extended the benefit of awarding solatium and interest to the land
losers. However, these lands were acquired in the year 2010 and the entire
acquisition proceedings were completed in the year 2012, which cannot be
re-opened after a decade. Further in order to clarify the decision rendered by
the Hon'ble Apex Court stated supra, the respondents filed a clarification
petition before the Hon'ble Apex Court in Miscellaneous Application
C.M.A.No.24435 of 2021 in C.A.No.7064 of 2019. When such clarification
is pending, extending the said benefit to the petitioners is not sustainable.
Accordingly, he prayed for dismissal of these writ petitions.
7. The facts in the present case are not in a dispute. Admittedly, the
very same prayer which was sought in these Writ petitions was considered
by this Court in W.P.No.28276 of 2021 etc batch cases, and this Court by
order dated 19.01.2022, extended the benefits and further the issue raised in
the present case is settled by the Hon'ble Apex Court in the case of Union
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
of India and another Vs. Tarsem Singh and others reported in (2019) 9
SCC 304. The relevant portion of the above said order is extracted
hereunder:
"52.There is no doubt that the learned Solicitor General,
in the aforesaid two orders, has conceded the issue raised in
these cases. This assumes importance in view of the plea of Shri
Divan that the impugned judgments should be set aside on the
ground that when the arbitral awards did not provide for
solatium or interest, no Section 34 petition having been filed by
the landowners on this score, the Division Bench judgments that
are impugned before us ought not to have allowed solatium
and/or interest. Ordinarily, we would have acceded to this plea,
but given the fact that the Government itself is of the view that
solatium and interest should be granted even in cases that arise
between 1997 and 2015, in the interest of justice we decline to
interfere with such orders, given our discretionary jurisdiction
under Article 136 of the Constitution of India. We therefore,
declare that the provisions of the Land Acquisition Act relating
to solatium and interest contained in Sections 23(1-1) and (2)
and interest payable in terms of Section 28 proviso will apply to
acquisitions made under 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. Accordingly, appeal arising out
of SLP (C) No.9599 of 2019 is dismissed."
8. Further, in order to avail such benefit, the similarly situated
persons filed writ petitions before this Court, and this Court discussed the
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
entire issue elaborately and rendered its findings, as against which a Writ
Appeal was filed in W.A.No.2426 of 2021 and the same was dismissed on
15.12.2021. The contention of the counsel that payment has been received
and the matter stood concluded and, therefore, it cannot be reopened does
not merit acceptance. This Court has to maintain judicial discipline and has
to necessarily follow the decision rendered by the co-ordinate Bench.
Accordingly, all the writ petitions are allowed and the petitioners are
entitled for solatium and interest for compensation for their respective lands
which were acquired by the respondents under the National Highways Act.
9. Taking into consideration the facts and circumstances of the case,
the 6th respondent / competent authority is directed to pay the benefits under
Section 23(1A), 23(2) and the provisio to Section 28 of Land Acquisition
Act, to the petitioners by extending the benefit which was granted by the
Hon'ble Apex Court in the case of Union of India and another Vs. Tarsem
Singh and others reported in (2019) 9 SCC 304, within a period of twelve
weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
10. With the above observations and direction, these writ petitions
are disposed of. No costs. Consequently, connected miscellaneous petitions
are closed.
11.03.2022
tri/skt
Index : Yes / No
Speaking Order : Yes / No
Note to Office:
Issue order copy on 10.05.2022.
B/o
GLN / 09.05.2022
To
1. The Secretary to Government,
Union of India,
Ministry of Road Transport & Highways,
Transport Bhawan,
No.1, Parliamentary Street,
New Delhi - 110 001.
2. The Chairman,
National Highways Authority of India,
G5 & 6, Sector 10, Dwaraka,
New Delhi - 110 075.
3. The Chief General Manager,
The National Highways Authority of India,
Regional Office,
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
Sri Tower, III floor,
DP - 34 (SP), Industrial Estate,
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.
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,
Ist Floor, Bangalore Road,
Krishnagiri - 635 001.
M.DHANDAPANI,J.
skt
https://www.mhc.tn.gov.in/judis
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002, 4113, 4145, 4307, 4641, 4665,
4874 & 4996 of 2022 and 26305 of 2021
W.P.Nos.2547, 1950, 1840, 2764, 2658, 5490, 3469, 3885, 3964, 4002,
4113, 4145, 4307, 4641, 4665, 4874 & 4996 of 2022 and 26305 of 2021
and
W.M.P.Nos.2111, 1980, 2922, 5572, 4108, 4138, 4248, 4762, 4784 & 4993
of 2022
11.03.2022
https://www.mhc.tn.gov.in/judis
