Madras High Court
Sabeena Baskaran vs Union Of India on 20 April, 2023
W.P.No.12218 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.4.2023
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.12218 of 2023
Sabeena Baskaran ...Petitioner
Vs
1.Union of India, rep.by the
Secretary to Government of
India, Ministry of Road
Transport & Highways,
Transport Bhavan, No.1,
Parliament Street, New Delhi-110001.
2.The Chairman, National Highways
Authority of India, G5 & G6,
Sector 10, Dwarka, New Delhi.
110075.
3.The Regional Officer, NHAI,
Sri Tower, III Floor, DP-34 (SP),
Industrial Estate, Guindy,
Chennai-32.
4.The Project Director, NHAI,
Project Implementation Unit,
Sri Tower, III Floor, DP-34 (SP),
Industrial Estate, Guindy,
Chennai-32.
5.The Arbitrator/District Collector,
Collector's Office, Thiruvallur.
1/6
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W.P.No.12218 of 2023
6.The Competent Authority &
Special District Revenue Officer,
LA, NH, Kancheepuram &
Tiruvallur Districts, Thiruvallur. ...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents to pay
solatium amount at 30% as per Section 23(2) of the Land Acquisition
Act, 1894 and an additional amount at 12% per annum as per Section
23(1-A) from the date of Notification to the date of Arbitral Award at
Rs.8,070/- per square meter along with interest @ 9% for one year from
the date of possession and thereafter at 15% per annum till the date of
actual payment as per Section 28 of the said Act, 1894 in respect of the
petitioner's land situated at Surapattu Village, Madhavaram (Erstwhile
Ambattur) Taluk and Chennai (Erstwhile Thiuruvallur) District
comprised in 1750 sq.m. in Sy.Nos.196/2A, 201A/4D, 202A/2E, 202/2F
and 202A/3B2 acquired for the purpose of constructing the Chennai
Bypass Phase II connecting NH4 at Kilometer 13/800 and NH5 at
Kilometer 12/600 in compliance with the judgment of the Hon'ble
Supreme Court of India ordered in the case of Union of India Vs. Tarsem
Singh.
For Petitioner : Mrs.AL.Gandhimathi, SC for
Mr.L.Palani Muthu
For Respondent-1 : Ms.R.Durgarani, CGSC
For Respondents 2 to 4 : Mr.Su.Srinivasan, St.Counsel
For Respondents 5 & 6 : Mr.P.Sathish,
Additional Government Pleader
2/6
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W.P.No.12218 of 2023
ORDER
With the consent of both the parties, this Writ Petition is taken up
for final disposal at the admission stage itself.
2. The petitioner has filed this writ petition seeking a direction to
the respondents to pay solatium amount at 30% as per Section 23(2) of
the Land Acquisition Act, 1894 and an additional amount at 12% per
annum as per Section 23(1-A) from the date of Notification to the date of
Arbitral Award at Rs.8,070/- per square meter along with interest @ 9%
for one year from the date of possession and thereafter at 15% per annum
till the date of actual payment as per Section 28 of the said Act, 1894 in
respect of the petitioner's land situated at Surapattu Village, Madhavaram
(Erstwhile Ambattur) Taluk and Chennai (Erstwhile Thiuruvallur) District
comprised in 1750 sq.m. in Sy.Nos.196/2A, 201A/4D, 202A/2E, 202/2F
and 202A/3B2 acquired for the purpose of constructing the Chennai
Bypass Phase II connecting NH4 at Kilometer 13/800 and NH5 at
Kilometer 12/600 in compliance with the judgment of the Hon'ble
Supreme Court of India ordered in the case of Union of India Vs. Tarsem
Singh. In this regard, the petitioner gave a representation dated 02.1.2022
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W.P.No.12218 of 2023
to respondents 3 to 6.
3. It is needless to point out that whenever a representation of this
nature is made to Statutory Authorities, there is a duty cast upon them to
consider the same on its own merits and pass appropriate orders in one
way or other, instead of keeping the same pending indefinitely. As such,
non-consideration of the representation by the Statutory Authorities
would amount to dereliction of duty and hence, this Court will be justified
in invoking its extraordinary powers under Article 226 of Constitution of
India and direct them to consider the same within a stipulated time.
4. In the light of the above observations, there shall be a direction
to respondents 3 to 6 to consider the petitioner's representation dated
02.1.2022, on its own merits and pass appropriate orders in accordance
with law, after giving due opportunity to the petitioner as well as all other
persons who may be interested in the subject property, within a period of
twelve weeks from the date of receipt of a copy of this order. It is made
clear that this Court has not expressed any of its views with regard to the
merits of the claim of the petitioner and that it is open to the concerned
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W.P.No.12218 of 2023
respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of.
No costs.
20.4.2023
Index:Yes/No
Speaking order/Non-speaking order
To
1.The Secretary to Government of India, Ministry of Road
Transport & Highways, Transport Bhavan, No.1,
Parliament Street, New Delhi-110001.
2.The Chairman, National Highways Authority of India,
G5 & G6, Sector 10, Dwarka, New Delhi. 110075.
3.The Regional Officer, NHAI, Sri Tower, III Floor, DP-34 (SP),
Industrial Estate, Guindy, Chennai-32.
4.The Project Director, NHAI, Project Implementation Unit,
Sri Tower, III Floor, DP-34 (SP), Industrial Estate, Guindy,
Chennai-32.
5.The Arbitrator/District Collector, Collector's Office, Thiruvallur.
6.The Competent Authority & Special District Revenue Officer,
LA, NH, Kancheepuram & Tiruvallur Districts, Thiruvallur.
RS/SNI
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W.P.No.12218 of 2023
M.S.RAMESH,J.
RS/SNI
W.P.No.12218 of 2023
20.4.2023
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