Madras High Court
P.Saroja vs The District Collector on 5 November, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.41166 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.11.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.No.41166 of 2025
P.Saroja
... Petitioner
Vs.
1. The District Collector
Collectorate Campus,
Thummankurichi, Namakkal.
2. The Competent Authority And District Revenue Officer
(land Acquisition), National Highways
No.7, Collectorate Campus,
Thummankurichi, Namakkal.
3. The Project Director
National Highways Authority Of India,
Sale.212-3/d3-1, Srinagar Colony,
Narajothipatti, Salem-636 004.
... Respondents
Prayer:
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, Directing the Respondents to pay
Solatium at 30 percent and Additional Market value at 12 percent on the
enhanced compensation amount as re-determined by the 1st respondent
1/7
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W.P.No.41166 of 2025
in the Award dated 01.08.2017, vide Na.Ka.7201/ 2012 /case No. 20/
2011/ Arbitration, along with interest at the rate of 9 percent per annum
for the first year and 15 percent per annum for the subsequent years,
from the date of taking possession till the date of realization, in respect
of the petitioners acquired land situated in S.No.31/24 (31/24B), 31/25
(31/25B), 31/26 (31/26B) and 31/27A (31/27A2) Andagalur village,
Rasipuram Taluk, Namakkal District, in accordance with the judgment of
the Honble Supreme Court in Union of India V. Tarsem Singh, by duly
considering the petitioners representation dated 05.05.2025, within the
stipulated time as fixed by this Honble court
For Petitioner : Mr.D.Vairamoorthy
For Respondent : Mr.M.R.Gokul Krishnan AGP
for R1 & 2
Mrs.S.R.Sumathy, St.counsel for R3
ORDER
This Writ Petition has been filed seeking a direction to the
Respondents to pay Solatium at 30% and Additional Market Value at
12% on the enhanced compensation amount as re-determined by the 1st
respondent in the Award dated 01.08.2017, along with interest at the rate
of 9% per annum for the first year and 15% per annum for the
subsequent years, from the date of taking possession till the date of
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realization, in respect of the Petitioner's acquired land, in accordance
with the judgment of the Hon'ble Supreme Court in Union of India V.
Tarsem Singh, by duly considering the Petitioner's representation dated
05.05.2025,within the stipulated time as fixed by this Court.
2. The learned counsel for the petitioner would submit that the
petitioner's lands were acquired by the 2nd respondent for the purpose of
widening four-lane road in National High Way No.7, under the
provisions of the National Highways Act, 1956. Thereafter, the 2nd
respondent passed an Award dated 04.02.2008 determining the
compensation for the acquired land. Since the amount of compensation
was less than the prevailed market rate, the petitioner had filed a petition
before the 1st respondent seeking enhancement of the amount of
compensation and the said Authority, by Award dated 01.08.2017,
enhanced the amount of compensation. However, failed to award 30%
Solatium and 12% Additional Market Value on the enhanced
compensation at that time.
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3. Further, he would submit that the Hon'ble Supreme Court in the
case of Union of India Vs. Tarsem Singh and others reported in (2019) 9
SCC 304 has categorically held that the Authorities are liable to pay
Solatium and interest contained in Section 23(1A) and (2) and interest
under Section 28 of the lands acquired under National Highways Act,
1956 and struck down Section 3 of the said Act. Therefore, the petitioner
is entitled for solatium, additional market value and interest. In this
regard, she made a representation to the respondents on 05.05.2025. As
the same did not evoke any response, the petitioner has filed this writ
petition seeking for the aforesaid relief.
4. The learned Additional Government Pleader appearing for the
respondents 1 and 2 as well as the learned Standing Counsel appearing
for the 3rd respondent would submit that the 3rd respondent will consider
and pass orders on the representation of the petitioner, within the
stipulated time fixed by this Court.
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5. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader and learned Standing counsel appearing
for the respondents and also perused the materials available on record.
6. Considering the facts and circumstances of the case and having
regard to the submissions made, without going into the merits of the
case, this Court directs the 3rd respondent to pass orders on the
representation of the petitioner dated 05.05.2025, on merits and in
accordance with law, after affording an opportunity of hearing to the
petitioner, within a period of eight weeks from the date of receipt of a
copy of this order.
7. With the aforesaid directions, this Writ Petition is disposed of.
No costs.
05.11.2025
Speaking/Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
nsa
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To
1. The District Collector
Collectorate Campus,
Thummankurichi, Namakkal.
2. The Competent Authority And District Revenue Officer
(land Acquisition), National Highways
No.7, Collectorate Campus,
Thummankurichi, Namakkal.
3. The Project Director
National Highways Authority Of India,
Sale.212-3/d3-1, Srinagar Colony,
Narajothipatti, Salem-636 004.
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KRISHNAN RAMASAMY.J.,
nsa
05.11.2025
(6/6)
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