Madras High Court
M/S.Om Shakthy Agencies (Madras) vs The Additional Chief Secretary on 25 April, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.15166 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
WP No.15166 of 2025
and
W.M.P.Nos.17095 & 17113 of 2025
M/s.Om Shakthy Agencies (Madras)
Private Limited
Rep. by its Authorised Signatory
Mr.P.S.Sivakumar
Petitioner
Vs
1. The Additional Chief Secretary
cum Commissioner of Land
Administration, Ezhilagam,
Chepauk, Chennai-600 005.
2. The District Collector,
Kancheepuram District
Kancheepuram
3. The Special District Revenue
officer (Land Acquisition)
Chennai-Kanyakumari Industrial
Corridor Project
Kancheepuram.
4. The Land Acquisition Officer and
District Revenue Officer
Kancheepuram.
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Writ Petition No.15166 of 2025
5. The Special Tahsildar (Land Acquisition)
Oragadam Industrial Park Road
Infrastructure Scheme, Sriperumbudur
Kancheepuram District.
Respondent(s)
Prayer:
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus, to call for
the entire records relating to an award dated 31.10.2020 passed by the
4th respondent in Award No.01/2020 in Na.Ka.No.25016/2009/F2, so far
as the deduction of 30% amount of market value towards the
development charges in respect of the petitioner's land situate in
Sriperambudur 'C' Village, Sriperambudur Taluk and Kancheepuram
District, comprised in Survey No.1585-B/3, measuring 1960 sq.mts and
to quash the same with consequential direction directing the respondents
to pay the 30% amount so deducted towards development charges and
other benefits as contemplated in First schedule to Section 30(2) of
RFCTLARR Act, along with interest from 31.10.2020 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 (RFCTLARR Act) within the time frame.
For Petitioner : Mr.S.Senthil
For Respondents : Mr.A.Selvendran
Special Government Pleader
*****
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Writ Petition No.15166 of 2025
ORDER
This writ petition has been filed challenging the impugned
award passed by the fourth respondent dated 31.10.2020 insofar as the
deduction of 30% amount of the market value towards development
charges.
2. Heard Mr.S.Senthil, learned counsel for the petitioner and
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 31.10.2020 determining the amount of
compensation at Rs.3,290/- 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
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Writ Petition No.15166 of 2025
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.
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
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
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Writ Petition No.15166 of 2025
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:
“ 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.
In the result, this writ petition is allowed and the impugned
award passed by the 4th respondent dated 31.10.2020 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
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Writ Petition No.15166 of 2025
the petitioner within a period of four (4) months from the date of receipt
of a copy of this 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.
25.04.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
mk
To
1. The Additional Chief Secretary
cum Commissioner of Land
Administration, Ezhilagam,
Chepauk, Chennai-600 005.
2. The District Collector,
Kancheepuram District
Kancheepuram
3. The Special District Revenue
officer (Land Acquisition)
Chennai-Kanyakumari Industrial
Corridor Project
Kancheepuram.
4. The Land Acquisition Officer and
District Revenue Officer
Kancheepuram.
5. The Special Tahsildar (Land Acquisition)
Oragadam Industrial Park Road
Infrastructure Scheme, Sriperumbudur
Kancheepuram District.
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Writ Petition No.15166 of 2025
N.ANAND VENKATESH.J.,
mk
Writ Petition No.15166 of 2025
25.04.2025
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