Madras High Court
P.Tulasi Lakshmi vs The National Highways Authority ... on 23 March, 2022
W.P.No.18038 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.18038 of 2011
M.P.No.1 of 2011
1.P.Tulasi Lakshmi
2.P.Nageswara Rao
3.P.Mallika Arjuna ... Petitioners
Vs.
1.The National Highways Authority of India,
Represented by its Project Officer,
SPIC Building, Guindy, Chennai - 32.
2.The Special District Revenue Officer (Land
Acquitiion) - cum - Competent Authority,
(under National Highways Act),
Kancheepuram & Tiruvellur District,
having its Office at Tahsildar Office,
Poonamallee, Chennai - 600 056.
3.The Aribitrator (National Highways)
and District Collector,
Tiruvellur District, Tiruvellur. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records of the first
respondent in respect of his notice No.Na.Ka.287/2010/A/The.Ne.5/ dated
22.06.2011 and quash the same and also directing the respondents to
determine and pay the compensation for the petitioner's land in Survey
1
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W.P.No.18038 of 2011
No.18/1B2B of Nallur Village, Ponneri Taluk, Tiruvellore District sought to
be acquired under National Highways Act, 1956 by applying the principles
made in common Judgment dated 04.03.2011 of this Court, passed in the
batch cases in W.P.No.15699/2008 etc.,
For petitioners : Mr.K.Venkatasubba Raju
For Respondents : Mr.Richardson wilson
(for R.1 and R.2)
Mr.P.Sathish (for R.3)
Additional Government Pleader
ORDER
The petitioner has filed this petition to issue a Writ of Certiorarified
Mandamus to call for the records of the first respondent in respect of his
notice No.Na.Ka.287/2010/A/The.Ne.5/ dated 22.06.2011 and quash the
same and also directing the respondents to determine and pay the
compensation for the petitioner's land in Survey No.18/1B2B of Nallur
Village, Ponneri Taluk, Tiruvellore District sought to be acquired under the
National Highways Act, 1956, by applying the principles made in common
Judgment dated 04.03.2011 of this Court in batch of writ petitions in
W.P.No.15699/2008 etc.,
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W.P.No.18038 of 2011
2. Mr.P.Sathish, learned Additional Government Pleader takes notice
for the third respondent. In view of the limited relief sought for in this
petition and on the consent expressed by the learned counsel appearing on
either side, this petition is taken up for final disposal.
3. The case of the petitioners is that the petitioners are the owners of
the properties comprised in Old Survey No.18/1, then Survey No.18/1B2,
measuring an extent of 30 Cents, situated at Nallur village, Ponneri Taluk,
Thiruvallur District. The above said properties were acquired by the first
respondent for the purpose of formation of National Highways under Section
3-A and 3-G (3) & (4) of the National Highways Act. Thereafter, the
competent authority/National Highways pas6sed award. Challenging the
award, for better compensation, the present Writ Petition has been filed by
the petitioners.
4. Though very many grounds have been raised, learned counsel for
the petitioners submitted that, during the pendency of the writ petition,
Sec.3-J of the National Highways Act was challenged before different High
Courts. Ultimately, the Hon'ble Apex Court in the case of Union of India
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W.P.No.18038 of 2011
and another Vs. Tarsem Singh and others, reported in (2019) 9 SCC 304,
declared Section 3-J as ultra vires and petitioners are entitled to receive fair
compensation along with Solatium and interest payable under Sections
23(1)(a), 23(2) and the proviso to Section 28 of the Land Acquisition Act,
1894. In view of the above, this Court may permit the petitioner to file
appropriate application before the District Collector/Arbitrator and the
District Collector may be directed to pass appropriate orders within a time
frame that may be fixed by this Court.
5. The learned Standing Counsel appearing for the National
Highways/ respondents 1 & 2 submitted that this Court may permit the
National Highways Authority to raise all those contentions before the
Arbitrator/District Collector.
6.The facts in the present case are not in dispute. Admittedly, the
petitioner is the land loser, and they challenged the notice/award proceedings
before this Court. During the pendency of this writ petition, the Hon'ble
Apex Court declared Section 3-J of the National Highways Act, as ultra vires
in the case of Union of India and another Vs. Tarsem Singh and others
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W.P.No.18038 of 2011
reported in (2019) 9 SCC 304. The relevant portion of the above said
judgment 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 itselt 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
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W.P.No.18038 of 2011
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."
7.In view of the aforesaid decision of the Hon'ble Apex Court, the
petitioner is directed to file appropriate application before the
Arbitrator/District Collector, in terms of Section 3G(v) of the National
Highways Act, within a period of four weeks from the date of receipt of a
copy of this order. Thereafter, Arbitrator/District Collector is directed to pass
appropriate orders within a period of twelve weeks, liberty is granted to the
petitioner as well as the first and second respondents to raise all contentions
before the third respondent/District Collector in accordance with law.
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W.P.No.18038 of 2011
8. Accordingly, this writ petition is disposed of with the aforesaid
direction. No costs. Consequently, connected miscellaneous petition is
closed.
23.03.2022
Index : Yes / No
Internet : Yes / No
Speaking Order/Non-Speaking Order
tri/nhs
To
1.The National Highways Authority of India,
Represented by its Project Officer,
Bhat Road, St.Thomas Mount, Chennai -16.
2.The Special District Revenue Officer (Land
Acquitiion) - cum - Competent Authority,
(under National Highways Act),
Kancheepuram & Tiruvellur District,
Office at Tahsildar Office,
Poonamallee, Chennai - 600 056.
3.The Aribitrator (National Highways)
and District Collector,
Tiruvellur District, Tiruvellur.
https://www.mhc.tn.gov.in/judis
W.P.No.18038 of 2011
M.DHANDAPANI,J.
tri/nhs
W.P.No.18038 of 2011
M.P.1 of 2011
23.03.2022
https://www.mhc.tn.gov.in/judis
