Madras High Court
Saraswathi vs The Secretary To Government on 27 February, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
Writ Petition No.6630 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 27.02.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Writ Petition No.6630 of 2025
Saraswathi
W/o.Baskaran ...Petitioner
Vs.
1.The Secretary to Government,
Revenue Department,
Fort St.George, Chennai - 600 001.
2.The District Collector/Arbitrator,
Kancheepuram District.
3.The Special District Revenue Officer,
Land Acquisition,
Collector Office Complex,
Kancheepuram District.
4.The Commissioner of Land Acquisition,
Chennai Kanyakumari Industrial Highway Project,
Chepauk, Chennai - 600 005. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the first respondent herein to pass
orders on merits and in accordance with law on the petitioner's representation
dated 20.10.2024 regarding refund of the 33.33% of the award amount for the
1/6
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Writ Petition No.6630 of 2025
lands that was acquired for the Uthiramerur bypass road project, which withheld
as Development charges that in the light of the orders passed in W.P.(MD)
No.12803 & 20504 of 2021 dated 7.12.2023 within a time frame as deem fit.
For Petitioner : Mr.G.Bala
For Respondents : Mr.A.Selvendran
Special Government Pleader
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the first respondent to pass orders on merits and in
accordance with law on the petitioner's representation dated 20.10.2024
regarding refund of 33.33% of the award amount for the lands that was acquired
for the Uthiramerur bypass road project, which was withheld as Development
charges in the light of the orders passed in W.P.(MD) No.12803 & 20504 of
2021 dated 07.12.2023.
2. Heard Mr.G.Bala, learned counsel for the petitioner and
Mr.A.Selvendran, learned Special Government Pleader for respondents.
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3. The property belonging to the petitioner was acquired for
Uthiramerur Bypass Road Project. An award was passed on 31.08.2023
determining the amount of compensation at Rs.13,068.02/- per sq.mt. However,
on 21.06.2024, the award amount has been refixed as Rs.9,690/-. The grievance
of the petitioner is that 33.33% was retained 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. 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.
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
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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 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."
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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
circumstances and for whom, 1/3rd was deducted towards development charges.
In the result, this writ petition is allowed. 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 (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.
27.02.2025
Neutral citation : Yes/No
Index : Yes/No
Speaking Order / Non Speaking Order
gm
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N. ANAND VENKATESH, J.
gm
To
1.The Secretary to Government,
Revenue Department,
Fort St.George, Chennai - 600 001.
2.The District Collector/Arbitrator,
Kancheepuram District.
3.The Special District Revenue Officer,
Land Acquisition,
Collector Office Complex,
Kancheepuram District.
4.The Commissioner of Land Acquisition,
Chennai Kanyakumari Industrial Highway Project,
Chepauk, Chennai - 600 005.
27.02.2025
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