Madras High Court
S.Murugavel vs The District Collector on 7 August, 2023
W.A(MD)No.1100 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.1100 of 2023
and
C.M.P(MD)Nos.8451 and 9294 of 2023
S.Murugavel ... Appellant
-vs-
1. The District Collector,
Collectorate,
Velunachiyar Compound,
Dindigul District.
2. The Special Revenue Divisional Officer/
Land Acquisition Officer,
Land Acquisition and Management Office,
Madurai.
3. The Assistant Divisional Engineer,
(Highways Planning and Sub Division),
Highways Office,
Dindigul.
4. The Special Tahsildar,
Land Acquisition Officer,
No.45, Highways Extension/
Land Acquisition,
Dindigul.
5. The Tahsildar,
Taluk Office,
Dindigul East Taluk,
Dindigul District. ... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 7
W.A(MD)No.1100 of 2023
PRAYER : Appeal filed under Clause 15 of Letters Patent, against
the order made in W.P(MD)No.4480 of 2023 dated 08.06.2023.
For Appellant : Mr.V.Karuna
For Respondents : Mr.Veera Kathiravan
Additional Advocate General
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
The appellant's property admittedly was acquired and the
property also vested with the State Highways by virtue of Section 15(1)
of the Tamil Nadu Highways Act, 2001.
2. The grievance of the appellant appears to be that the
respondents acquired the land from his own brother. Stating that
higher compensation was paid to his brother's land and that the
compensation fixed for the appellant's land is very low, the appellant
filed a writ petition for a Mandamus to pay compensation to the
appellant's land in Survey No.769/1C total extent 2560 sq.ft in
Balakrishnapuram Village, Dindigul East Taluk, Dindigul District.
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W.A(MD)No.1100 of 2023
3. There is no dispute that the land belonged to the appellant
was acquired after issuing a show cause notice and holding enquiry in
accordance with the provisions of the Tamil Nadu Highways Act, 2001.
It is also admitted that notice under Section 15(1) of the Act was also
issued. The appellant's case is that he has not received the
compensation and that therefore the acquisition proceedings cannot go
further and his possession cannot be interfered with unless the
compensation is paid to him.
4. The learned Additional Advocate General, on instructions,
submitted that the notification under Section 15(1) of the Tamilnadu
Highways Act, 2001, was published on 16.05.2022 and that the land of
the appellant vested with the Government free from all encumbrances
on the publication of the said notification.
5. The learned Additional Advocate General then submitted
that the appellant participated in the award proceedings and the
compensation has also been determined by award enquiry in terms of
Section 19(5) of the Act. He has also produced the records to show
that the award enquiry notice was served on the appellant. Since the
appellant had not come forward to accept the compensation for his
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W.A(MD)No.1100 of 2023
acquired land, it is stated that a sum of Rs.4,57,982/- which was fixed
as compensation for the appellant's land, was deposited to the credit of
LAOP.No.44/23 on the file of the Principal District Court, Dindigul, on
21.06.2023.
6. The grievance of the appellant is that the compensation
fixed by the Land Acquisition Authority is inadequate. It is contended
by the learned counsel for the appellant that the compensation fixed
and disbursed to his brother is double the amount that was fixed in
the case of the appellant. Therefore, his case that the compensation is
inadequate is established. In such circumstances, the remedy
available to the appellant is to seek a reference in terms of Section 64
of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
7. At this juncture, learned Additional Advocate General
stated that the respondents made a reference for determining just
compensation for the acquired land of the appellant and the said
reference is also pending before the Principal District Court, Dindigul,
under Section 77(2) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013.
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W.A(MD)No.1100 of 2023
8. Therefore, this Court directs the Reference Court as well as
the respondents to treat the reference not only as one under Section
77(2) of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, but also under
Section 64 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013, so that
the appellant may go before the learned Judge for getting higher
compensation for his acquired land.
9. As per Section 15(1) read with Section 16 of the Tamilnadu
Highways Act, 2001, the appellant's land vests with the Government
free from encumbrance once a notification is published under Section
15 of the Tamil Nadu Highways Act, 2001. Assuming that the
appellant has not been awarded compensation as determined by the
authority under the Act, he cannot resist for handing over the
possession of the acquired land to the respondents. Therefore, the
prayer in the writ petition is misconceived. Though the appellant is
entitled to compensation, in view of the aforesaid direction to the
Reference Court as well as the respondents to treat the reference not
only under Section 77(2) but also under Section 64 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013, this appeal is dismissed. It is open to the
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W.A(MD)No.1100 of 2023
respondents to take possession of the property of the appellant which
has been acquired in terms of Section 15 of the Tamil Nadu Highways
Act, 2001. It is open for the petitioner to move the reference court for
payment out of the sum already deposited, pending further claim for
enhancement of compensation. No costs. Connected miscellaneous
petitions are closed.
[S.S.S.R, J.] [D.B.C., J.]
07.08.2023
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The District Collector,
Collectorate, Velunachiyar Compound,
Dindigul District.
2. The Special Revenue Divisional Officer/
Land Acquisition Officer, Land Acquisition and Management Office,
Madurai.
3. The Assistant Divisional Engineer,
(Highways Planning and Sub Division),
Highways Office, Dindigul.
4. The Special Tahsildar,
Land Acquisition Officer,
No.45, Highways Extension/
Land Acquisition, Dindigul.
5. The Tahsildar,
Taluk Office,
Dindigul East Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1100 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
bala
W.A(MD)No.1100 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
