Madras High Court
S.Ganesan vs The Additional Chief Secretary Cum on 15 April, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 15.04.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.11801 of 2025
and WMP Nos.13365 and 13366 of 2025
S.Ganesan ..Petitioner
Vs.
1. The Additional Chief Secretary cum
Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai 600 005.
2. The District Collector cum Land Acquisition Officer,
(Chinnasalem – Kallakurichi
New Broad Guage Railway line Project),
Kallakurichi District.
3. The District Revenue Officer,
Kallakurichi,
Kallakurichi District.
4. The Special Tahsildar,
Land Acquisition,
(Chinnasalem – Kallakurichi
New Broad Gauge Railway Line Project),
Kallakurichi District. ... Respondents
1/8
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Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus to call for the entire records
relating to Award dated 20.06.2024 passed by the 2nd respondent in
Na.Ka.Aa.1/2674/2019 in Award No.11 so far as the deduction of 1/3rd amount
of market value towards the development charges in respect of the petitioner's
lands situate in Kallakurichi Village, Kallakurichi Taluk and District, comprised
in S No.158/10B, to quash the same and consequently, directing the 2nd
respondent to pay the 1/3rd amount so deducted towards development charges
along with interest from 20.06.2024 till the date of payment to the petitioner as
per the provision of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 within the time frame as
may be fixed by this Court.
For Petitioner : Mr. S.Senthil
For Respondents : Mr.A.Selvendran
Special Government Pleader
ORDER
This writ petition has been filed challenging the impugned award
passed by the 2nd respondent dated 20.06.2024 insofar as the deduction of 1/3 rd
amount of the market value towards development charges.
2. Heard Mr.S.Senthil, learned counsel for the petitioner and
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Mr.A.Selvendran, learned Special Government Pleader for respondents.
3. The property belonging to the petitioner was acquired under the
Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. An award
was passed on 20.06.2024 determining the amount of compensation at
Rs.16,150/- per sq.mt. The grievance of the petitioner is that 1/3rd amount out of
the total market value was deducted towards development charges.
4. The above issue is squarely covered by the earlier order passed by
this Court in WP No.35735 etc., of 2024 dated 25.11.2024 and it pertains to the
same project. The relevant portions are extracted hereunder :-
4. The deduction of 1/3rd towards development charges that too
in the case of Railway work has been the subject matter of
several decisions of this Court. A learned Single Judge of this
Court in his order dated 07.12.2023, in W.P.(MD) Nos.19772 &
14369 of 2021 was considering the very same deduction towards
development charges.
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5. The learned Single Judge relied upon a judgment of the
Hon?ble Supreme Court reported in 2007 (9) SCC 447 ~ Nelson
Fernandes and Others Vs. Special Land Acquisition Officer,
South Goa and Others wherein the Hon-ble Supreme Court had
observed as follows:~
“30. We are not, however, oblivious of the fact that
normally 1/3 deduction of further amount of compensation has
been directed in some cases. However, the purpose for which the
land acquired must also be taken into consideration. In the
instant case, the land was acquired for the construction of new
BG line for the Konkan Railways. This Court in Hasanali
Khanbhai & Sons & Ors. Vs. State of Gujarat, 1995 2 SCC 422
and L.A.O. vs. Nookala Rajamallu, 2003 (10) Scale 307 had
noticed that where lands are acquired for specific purposes
deduction by way of development charges is permissible. In the
instant case, acquisition is for laying a railway line. Therefore,
the question of development thereof would not arise. Therefore,
the order passed by the High Court is liable to be set aside and in
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view of the availability of basic civic amenities such as school,
bank, police station, water supply, electricity, high way, transport,
post, petrol pump, industry, telecommunication and other
businesses, the claim of compensation should reasonably be
fixed @ Rs.250/ per sq. mtr. with the deduction of 20%. The
appellant shall be entitled to all other statutory benefits such as
solatium, interest etc. etc. The appellants also will be entitled to
compensation for the trees standing on the said land in a sum of
Rs. 59,192 as fixed. I.A. No. 1 of 2006 for substitution is ordered
as prayed for.“
6. This Judgment has been followed in a later judgment of
the Hon-ble Supreme Court in the case of C.R.Nagaraja Shetty
Vs. Special Land Acquisition Officer and Estate Officer and
another in Civil Appeal No.1173 of 2009 dated 24.02.2009.
7. Ultimately, the learned Single Judge had observed as
follows:
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“ It is clear from the above judgment that where the lands
are acquired for laying a railway line, there is no scope for
deducting 1/3rd amount towards development charges.“
8. In the light of the above, the Writ Petitions are allowed,
the order deducting 1/3rd towards development charges is set
aside and the amounts deducted towards 1/3rd development
charges along with all the other compensatory benefits arrived at
in the award shall be paid to the petitioners as expeditiously as
possible. However, not later than a period of 4 months from the
date of receipt of a copy of this Order. The learned counsel for
the petitioners also informed the Court that they are moving
necessary applications for enhancing the award. No costs.
Consequently, the connected Miscellaneous Petitions are closed.
5. The petitioner will also be entitled for the very same relief since
such relief has been granted by this Court for others falling under the same
project and for whom, 1/3rd was deducted towards development charges.
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6. In the result, this writ petition is allowed and the impugned award
passed by the 2nd respondent dated 20.06.2024 is interfered insofar as the
deduction of 1/3rd amount of market value towards the development charges.
The amount that has been deducted along with all the other compensatory
benefits arrived at in the award shall be paid to the petitioner within a period
of four months from the date of receipt of a copy of thi
s order. This direction is issued without prejudice to the rights of the petitioner
to seek for enhancement of the award. No costs. Consequently, the connected
miscellaneous petitions are closed.
15.04.2025
Internet : Yes/No
Index : Yes/No
Speaking Order / Non Speaking Order
rka
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N. ANAND VENKATESH, J.
rka
To
1. The Additional Chief Secretary cum
Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai 600 005.
2. The District Collector cum Land Acquisition Officer,
(Chinnasalem – Kallakurichi
New Broad Guage Railway line Project,
Kallakurichi District.
3. The District Revenue Officer,
Kallakurichi,
Kallakurichi District.
4. The Special Tahsildar,
Land Acquisition,
(Chinnasalem – Kallakurichi
New Broad gauge Railway Line Project),
Kallakurichi District.
15.04.2025
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