Madras High Court
J.Balamurugan vs The Union Of India on 8 April, 2025
Author: S.Srimathy
Bench: J. Nisha Banu, S.Srimathy
W.A.(MD)No.1525 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.1525 of 2024
and
C.M.P.(MD)No.11864 of 2024
1.J.Balamurugan
2.J.Velmurugan ... Appellants
Vs.
1.The Union of India,
Represented by its Secretary to Government,
Ministry of Road Transport and Highways,
New Delhi.
2.The District Collector,
Madurai District.
3.The District Revenue Officer Cum Project
Competent Authority,
Land Acquisition (NHAI),
Virudhunagar.
4.The Project Director,
National Highways Authority of India (NHAI),
Madurai.
5.The Executive Engineer,
Tamil Nadu Agricultural Engineering Department,
Madurai Region, T.P.K.Road,
Madurai-625 011. ... Respondents
1/9
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W.A.(MD)No.1525 of 2024
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order
of this Court in W.P.(MD)No.4085 of 2021, dated 12.10.2023.
For Appellants :Mr.K.K.Senthillvelan
Senior Counsel
for Mr.V.S.Kumara Guru
For R1 and R4 :Mr.K.Govindarajan
Deputy Solicitor General of India
For R2 and R3 :Mr.S.S.Madhavan
Additional Government Pleader
For R5 :Mr.P.Karthick
Standing Counsel
***
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The present writ appeal is filed by the writ petitioner against the order
dated 12.10.2023 passed in W.P.(MD)No.4085 of 2021.
2. The writ petition was filed for issuance of a Writ of Mandamus, to
direct the respondents to withdraw / drop the petitioner's land situated in Survey
Nos.1/14A1, 3/12A of Vilacheri Village, Nagamalaipudukkottai, Madurai District,
measuring an extent of 22.5 cents from the additional land acquisition
proceedings.
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3. The case of the writ petitioners is that they had purchased the subject
property through a Registered Sale Deed in document No.3294 of 2019, dated
04.09.2019. The petitioners came to know about the acquisition proceedings but
neither the petitioners nor their vendors have received any compensation. Further,
the land acquired has not been utilized. Therefore, the petitioners submitted a
representation for reconveyance of the subject property. Hence, the writ petition
was filed.
4. After considering the rival claims, the Writ Court had held if
compensation is not received, it has to be independently agitated by the
petitioners in a manner known to law and the same cannot be a ground for re-
conveyancing the land. Further held under the National Highways Act, there is no
provision for re-conveying the land to the land owners and dismissed the writ
petition. Aggrieved over the same the writ petitioner had filed the present writ
appeal.
5. Mr.K.K.Senthillvelan, the learned Senior Counsel for Mr.V.S.Kumara
Guru appearing for the appellants, Mr.K.Govindarajan, the learned Deputy
Solicitor General of India appearing for the respondent 1 and 4,
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Mr.S.S.Madhavan, the learned Additional Government Pleader appearing for the
respondents 2 and 3 and Mr.P.Karthick, the learned Standing Counsel appearing
for the 5th respondent and perused the records.
6. The primary contention of the appellant / writ petitioner is that they
did not receive any compensation for the acquisition of their lands. The
respondents have filed counter wherein it has been categorically stated that the
writ petitioners' vendors have received the compensation. On perusing the sale
deed, it is seen that one R.Meenakshi is the petitioners' vendor. In the counter the
respondents have stated that the said R.Meenakshi had received compensation
under 3D Main Award dated 05.04.2007 which was quantified as Rs.32,283/- and
the same was disbursed vide cheque No.208027 dated 23.07.2007. However, the
said vendor did not turn up for 3G enquiry, hence the said vendor did not receive
the compensation under 3G Additional Award, dated 26.06.2009.
7. Further it is seen that the 3D Main Award was on 05.04.2007 and the
3G Additional Award was on 26.06.2009. But the sale executed by the said vendor
to the writ petitioner was on 04.09.2019. The sale deed is executed nearly after 12
years after the Main Award and 10 years of Additional Award. Furthermore, in the
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said sale deed it is mentioned that National Highway Authority had acquired 1008
square meters. Therefore, the writ petitioners’ plea cannot be entertained since the
sale is subsequent to the award proceedings.
8. If at all aggrieved by non-payment of award, then it is the original
owner who would be aggrieved and not the appellant / writ petitioner who had
purchased the remaining lands after land acquisition proceedings. In other words,
the petitioner cannot step into the shoes of the original owner and claim the
compensation is not paid, hence reconvey the land, when the petitioner is not
having any privity of contract with the National Highways Authority at all.
Therefore, the Writ Court has rightly rejected the plea of the writ petitioner.
9. Further it is the specific contention of the respondents that there is no
provision for re-conveying the land to the land owners under National Highways
Act and the said issue was already decided in the case of G.Poosanam Vs. the
Project Director, National Highways Authority of India, in W.P.No.16186 of
2011, dated 16.09.2020.
10. On the other hand, the contention of the appellant is that the power
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to reconvey the land is available in Land Acquisition Act, 1894. Under section 3J
of National Highways Act it is stated that “Nothing in the Land Acquisition Act,
1894 shall apply to an acquisition under this Act”. The effect of it is that the Land
Acquisition Act, 1894 is not applicable, hence reconveying it not available. But
the said section 3J is struck down by the Courts and the effect of it would be Land
Acquisition Act, 1894 is applicable and the reconveying of land is available to
National Highways Act.
11. After hearing the rival submissions, this Court is of the considered
opinion that the appellant has not locus standi to claim reconvey the land since the
lands were not acquired from the appellants. The lands were acquired from the
original owner R.Meenakshi and compensation was paid to the original owner. As
held supra, if at all there is a claim it is the original owner who has to claim and
not the appellant, since the land was acquired from the original owner and award
was granted in the year 2007 and 2009, but the appellant had purchased the land
in the year 2019.
12. Further at the time of acquisition proceedings the section 3J was in
existence, but the same was struck down on a later date. Therefore, any
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transaction which was completed cannot be reopened. Therefore, considering
from any angle the appellant is not having any legally sustainable ground.
13. However, the question of law raised in this case is left open, as and
when the original owner is claiming such relief the same will be considered in
accordance to law.
14. Therefore, the writ appeal is liable to be dismissed and accordingly
dismissed. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] [S.S.Y., J.]
08.04.2025
Index : Yes / No
Tmg
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To
1.The Secretary to Government,
Union of India,
Ministry of Road Transport and Highways,
New Delhi.
2.The District Collector,
Madurai District.
3.The District Revenue Officer Cum Project
Competent Authority,
Land Acquisition (NHAI),
Virudhunagar.
4.The Project Director,
National Highways Authority of India (NHAI),
Madurai.
5.The Executive Engineer,
Tamil Nadu Agricultural Engineering Department,
Madurai Region, T.P.K.Road,
Madurai-625 011.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
08.04.2025
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