The Project Director vs Palanisamy
2023 Latest Caselaw 8658 Mad

                                                                 W.A.(MD) No.1093 of 2023



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 19.07.2023

                                                      CORAM:

                                THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                                 and
                         THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                              W.A.(MD) No.1093 of 2023
                                                        and
                                             C.M.P.(MD) No.8357 of 2023

                 The Project Director
                 11/1 Kongu Nagar East
                 National Highways Authority of India
                 Ramanathapuram (Post)
                 Coimbatore-641 045
                 presently at the Project Director
                 The National Highways Authority of India
                 (Project Implementation Unit)
                 Salem                                                          ... Appellant

                                                        -vs-

                 1.Palanisamy

                 2.K.P.S.Nithish

                 3.P.S.Dhivagar

                 4.The Competent Authority of
                    Land Acquisition (CALA)
                   And District Revenue Officer
                   National Highways -7
                   (Karur – Salem), Karur                                       ... Respondents


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                 Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                         W.A.(MD) No.1093 of 2023



                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 30.03.2022, passed in W.P.(MD) No.5667 of 2022, on the file of

                 this Court.

                                  For Appellant      : Mr.SU.Srinivasan

                                  For Respondents    : Mr.M.Ramu for R1 to R3
                                                       Mr.T.Villavan Kothai
                                                       Additional Government Pleader for R4

                                                       JUDGMENT

[Judgment of the Court was made by S.S.SUNDAR, J.]

This writ appeal is directed against the order of the learned Single

Judge, dated 30.03.2022, passed in W.P.(MD) No.5667 of 2022.

2. This Court finds no merit in this writ appeal.

3. The question is whether the land owners, whose lands were

acquired under the provisions of the National Highways Act, 1956, are entitled

to solatium and additional interest as contemplated under the Land

Acquisition Act, 1894 (Central Act). The said question has been answered by

the Honourable Supreme Court in Union of India (UOI) and others vs.

Tarsem Singh and others, reported in (2019) 9 SCC 304.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.1093 of 2023

4. This Court finds that the respondents 1 to 3 / writ petitioners

have filed the writ petition only to direct the Competent Authority of Land

Acquisition and District Revenue Officer / fourth respondent herein to

calculate and disburse the payment of solatium and interest under Section

23(1A)(2) of the Land Acquisition Act, 1894 (Central Act). Therefore, this

Court finds no ground to interfere with the order passed by the learned Single

Judge, which is in tune with the decision of the Honourable Supreme Court in

Tarsem Singh's case (cited supra) as to the entitlement of the land owners,

whose lands are acquired under the provisions of the National Highways Act,

1956.

5. Hence, this writ appeal fails and it is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                             [S.S.S.R., J.]          [D.B.C., J.]
                                                                        19.07.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk

                 ____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1093 of 2023

To:

The Competent Authority of Land Acquisition (CALA), And District Revenue Officer, National Highways -7, (Karur – Salem), Karur.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1093 of 2023

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY, J.

krk

W.A.(MD) No.1093 of 2023 and C.M.P.(MD) No.8357 of 2023

19.07.2023

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https://www.mhc.tn.gov.in/judis