Madras High Court
Pon Baskaran vs Union Of India Represented By The ... on 10 February, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.4049 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
W.P.No.4049 of 2025
Pon Baskaran .. Petitioner
vs
1. Union of India represented by the Secretary
to the Government of India
Ministry of Road Transport & Highways
Transport Bhavan, No.1, Parliament Street
New Delhi – 110 001.
2. The Chairman
National Highways Authority of India
G5 & G6, Sector-10, Dwaraka
New Delhi – 110 075.
3. The Regional Officer, NHAI, “Sri Tower”
3rd Floor, DP-34, (SP)
Industrial Estate, Guindy
Chennai – 600 032.
4. The Project Director
Project Implementation Unit, “Sri Tower”
3rd Floor, DP-34, (SP), Industrial Estate
Guindy, Chennai – 600 032.
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W.P.No.4049 of 2025
5. The Arbitrator / District Collector
Collector's Office
Thiruvallur, Tamil Nadu.
6. The Competent Authority &
Special District Revenue Officer
National Highways – 205, Tiruvallur District
Thiruvallur, Tamil Nadu. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of
India, seeking a writ of mandamus, directing the respondents 1 to 6
herein to pay solatium amount at 30 percentage as per Section 23(2)
of the Land Acquisition Act, 1894 and an additional amount at 12
percentage per annum as per section 23(1-A) from the date of
Notification to the date of Arbitral Award at Rs. 11,296/- per Square
Meter along with interest @9 percentage for one year from the date of
possession and thereafter at 15 percentage per annum till the date of
actual payment as per section 28 of the said Act, 1894, in respect of
the Petitioners land an extent of 14075 Sq. Meters in Sy.Nos.27/2A2.
28/1B, 28/5A, 28/5B2, 45/1B, 52/1A2, 1B2, 1C2, 1D2 and 52/3B of
Kakkalur Village, Thiruvallur District acquired for the purpose of
constructing the Chennai Bypass in Compliance with the judgement of
Honble Supreme Court of India ordered in case Union of India-vs-
Tarsem Singh.
For Petitioner : Mrs.A.L.Ganthimathi
Senior Counsel
for Mr.L.Palani Muthu
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W.P.No.4049 of 2025
For Respondents : Mr.R.Rajesh Vivekananthan
Deputy Solicitor General of India
for R1
Mr.Su.Srinivasan
for R2 to R4
Mr.P.Sathish
Additional Government Pleader
for R5 & R6
ORDER
This writ petition has been filed to issue a writ of mandamus,
directing the respondents to pay solatium at 30% as per Section
23(2) of the Land Acquisition Act, 1894, and additional amount at
12% per annum as per Section 23(1-A) from the date of
notification to the date of arbitral award and thereafter, at 15%
per annum till the date of actual payment as per Section 28 of
the Act with respect to the subject property.
2. Heard Mrs.A.L.Ganthimathi, learned Senior Counsel
appearing for Mr.L.Palani Muthu, learned counsel for the
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petitioner, Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor
General of India for respondent 1, Mr.Su.Srinivasan, learned
counsel for respondents 2 to 4 and Mr.P.Sathish, learned
Additional Government Pleader for respondents 5 to 6.
3. The issue that is involved in the present writ petition is
squarely covered by the earlier orders passed by this Court by
relying upon the judgment of the Apex Court in the case of
Union of India & Anr. vs. Tarsem Singh & Ors., reported in
(2019) 9 SCC 304. This issue has once again gone before the
Apex Court and by order dated 04.02.2025, made in Union of
India & Anr. vs. Tarsem Singh & Ors., the Apex Court has
clarified the position and for proper appreciation, the relevant
portion in the order is extracted hereunder:
“25. In view of the foregoing analysis, we find no
merit in the contentions raised by the Applicant,
NHAI. We reaffirm the principles established in
Tarsem Singh (supra) regarding the beneficial nature
of granting ‘solatium’ and ‘interest’ while
emphasising the need to avoid creating unjust
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classifications lacking intelligible differentia.
Consequently, we deem it appropriate to dismiss the
present Miscellaneous Application.
26. Leave is granted in the other connected matters,
and all the appeals are disposed of with a direction
to the Competent Authority to calculate the amount
of ‘solatium’ and ‘interest’ in accordance with the
directions issued in Tarsem Singh (supra). In this
context, the appeal arising out of SLP (C) Diary No.
52538/2023 is dismissed, as the challenge therein
pertains to the High Court’s refusal to award
Additional Market Value as another component of the
compensation, while ‘solatium’ and ‘interest’ have
already been granted.”
4. In light of the above developments, the law as declared by
the Apex Court in Tarsem Singh case, will apply to the present
case and in view of the same, the relief as sought by the
petitioner has to be granted by this Court.
5. In the result, this writ petition is disposed of with a
direction to the sixth respondent to deal with the representation
made by the petitioner in line with the judgment of the Apex
Court in Tarsem Singh case (referred supra) and the entire
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amount shall be settled in favour of the petitioner within a period
of eight weeks from the date of receipt of a copy of this order.
There shall be no order as to costs.
10.02.2025
Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
Neutral Citation: Yes/No
drm
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To
1. The Secretary to the Government of India
Union of India
Ministry of Road Transport & Highways
Transport Bhavan, No.1, Parliament Street
New Delhi – 110 001.
2. The Chairman
National Highways Authority of India
G5 & G6, Sector-10, Dwaraka
New Delhi – 110 075.
3. The Regional Officer, NHAI, “Sri Tower”
3rd Floor, DP-34, (SP)
Industrial Estate, Guindy
Chennai – 600 032.
4. The Project Director
Project Implementation Unit, “Sri Tower”
3rd Floor, DP-34, (SP), Industrial Estate
Guindy, Chennai – 600 032.
5. The Arbitrator / District Collector
Collector's Office
Thiruvallur, Tamil Nadu.
6. The Competent Authority &
Special District Revenue Officer
National Highways – 205, Tiruvallur District
Thiruvallur, Tamil Nadu.
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N.ANAND VENKATESH, J.
drm
10.02.2025
(3/4)
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