Madras High Court
Nagamani vs The District Collector on 17 October, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.38910 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.10.2025
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY
W.P.No.38910 of 2025
Nagamani
... Petitioner
Vs.
1. The District Collector,
Collectorate Campus,
Thummankurichi,Namakkal.
2.The Competent Authority and
District Revenue Officer,
(Land Acquisition),
National Highways No.7,
Collectroate Campus,
Thummankurichi, Namakkal.
3.The Project Director,
National Highways Authority Of
India,
Sale.212-3/D3-1, Srinagar Colony,
Narajothipatti,
Salem -636 004.
... Respondents
1/7
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W.P.No.38910 of 2025
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% 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,vide Na.Ka.7201/2012/Case No.
28/2011/Arbitration, 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 realization, in respect of the
Petitioner's acquired land situated in S.No.28/20, as per subdivision,
S.No. 28/20B, Andagalur Village, Rasipuram Taluk, Namakkal District,
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.
For Petitioner : Mr.S.Senthil
For Respondents : Mr.P.Sathish (R1 and R2)
Additional Government Pleader
Mr.Su.Srinivasan (R3)
Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the
Respondents to pay Solatium at 30% and Additional Market Value at
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12% on the enhanced compensation amount as re-determined by the 1st
respondent in the Award dated 01.08.2017,vide Na.Ka.7201/2012/Case
No. 28/2011/Arbitration, 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 realization, in respect of the
Petitioner's acquired land situated in S.No.28/20, as per subdivision,
S.No. 28/20B, Andagalur Village, Rasipuram Taluk, Namakkal District,
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 determing the
compensation for the acquired land. Since the amount of compensation
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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
comepnsation at that time. 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.
3. The learned Additional Government Pleader appearing for the
respondents 1 and 2 as well as the learned Standing Counsel appearing
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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.
4. Heard both sides. Perused the records.
5. 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.
6. With the aforesaid directions, this Writ Petition is disposed of.
No costs.
17.10.2025
Speaking/Non-speaking order (3/5)
Index : Yes / No
Neutral Citation : Yes / No
arr
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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,
Collectroate 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.,
arr
17.10.2025
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