[Cites 10, Cited by 0]
Madras High Court
A.Sundaraj vs The District Collector on 24 February, 2026
W.P.(MD)No.9136 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 16.02.2026
Pronounced on : 24.02.2026
CORAM
THE HONOURABLE MR.JUSTICE K.SURENDER
W.P.(MD)No.9136 of 2025
and WMP (MD) No.12452 of 2025
A.Sundaraj ... Petitioner(s)
Vs.
1. The District Collector,
Kanyakumari District,
Nagercoil.
2. The Competent Authority And
District Revenue Officer, Land
Acquistion National Highways,
Tirunelveli @ Nagercoil,
Kanyakumari District.
3. The Project Director Cum DGM (Tech),
No.314E, K.P.Road,
Near Ayappan Kovil,
Parvathipuram,
Nagercoil - 629003,
Kanyakumari District. ... Respondent(s)
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Certiorarified Mandamus, after calling
for the records pertaining to the passing of the order dated 09.01.2025 in
proceedings Na.Ka.No.U2/E-2628455/202024 on the file of the 1st
respondent and quash the same and consequently direct the first
1/17
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W.P.(MD)No.9136 of 2025
respondent to pass an award as per Section 31(1) of Act 30/2013 for all
the entitlement for as per Schedule - I and II to the petitioner.
For Petitioner :Mr.G.Justin
For Respondents :Mr.B.Ramanathan
Addl. Government Pleader for R1 & R2
Mr.Su.Srinivasan
Standing Counsel for NHAI for R3
ORDER
This writ petition has been filed challenging the order dated
09.01.2025 passed by the first respondent refusing rehabilitation and
resettlement under Section 31(1) of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation, and Resettlement Act,
2013 (hereinafter referred to as the "RFCTLARR Act") and consequently,
to direct the first respondent to pass an award as per Section 31(1) of the
RFCTLARR Act for all the entitlement for as per Schedule - I and II, to
the petitioner.
2. The petitioner's land, measuring 1125 sq. meters in Survey No.
101/12B at KappiaraiVillage, Kalkulam Taluk, Kanyakumari District,
was acquired for NH – 47. Based on the entitlement, a total amount of
Rs.16,84,543/- was granted as compensation under an arbitral award by
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the Collector after the petitioner applied against the compensation
granted by the Authorised Officer and the Special District Revenue
Officer (Land Acquisition). Thereafter, the petitioner submitted an
application dated 09.03.2024 to the first respondent/District Collector,
claiming rehabilitation and resettlement compensation. In the said
application, the petitioner provided details of the provisions under which
they were entitled to compensation under Schedule II. Specifically, the
petitioner sought compensation on the following grounds:
S.No. Of the Second Entitlement/Provision Entitled Amount
Schedule
(1) (2) One – time financial Not less than Rs.1,50,000/-
Provision of housing units assistance for house (One Lakh fifty thousand
in case of displacement construction rupees)
(4) Choice of Annuity (b) Onetime payment Rs.5,00,000/- (Five Lakhs
Rupees)
Subsistence grant for Monthly subsistence Equivalent to Rs.3000/- per
allowance for a period of month for a period of one
one year year from the date of award
amounting Rs.36,000/-
(6) For shifting the family and Rs.50,000/- (Fifty
Transportation cost for building materials Thousand Rupees)
displaced families
(7) One time financial Minimum of Rs.25,000/-
Cattle shed/Pretty shops assistance for construction (Twenty Five Thousand
cost of cattle shed Rupees)
(10) Re-settlement allowance Rs.50,000/- (Fifty
One-time Resettlement Thousand Rupees)
allowance
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3. In reply to the representation dated 09.03.2024, the following
finding was given by the respondents:
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English version:
“The petitioner's petition was considered under Section 31(1)
of the Right to Fair Compensation and Transparency in Land
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Acquisition, RFCTLARR Act, 2013, a settlement was issued
to the petitioner by the Special District Revenue Officer
following the rules and a compensation has been granted.
Further, the petitioner has filed an appeal before the District
Collector /Arbitrator, upon which an additional compensation
was awarded. Therefore, it is concluded that adequate
compensation has been granted to the petitioner for the land
acquired. Moreover, in cases of land acquisition for long-term
projects such as National Highways (Linear Projects), there is
no provision to grant compensation other than what is
provided under the above Act. Accordingly, the petitioner’s
request is rejected and this order is hereby passed.”
(emphasis supplied)
4. Learned counsel for the petitioner submits that the petitioner is
entitled to compensation under both the National Highways Act, 1956
(hereinafter referred to as the "NH Act") and the RFCTLARR Act.
5. Learned counsel for the petitioner further contends that the
District Collector is duty-bound to pass two separate awards: one under
the NH Act and another in accordance with the application made under
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Section 31(1) of the RFCTLARR Act. The petitioner’s grievance is that,
despite seeking rehabilitation and resettlement compensation, the request
was rejected on the grounds that compensation had initially been granted
and later enhanced. Hence, the present writ petition.
6. In support of his submission, learned counsel for the petitioner
relied upon the order of this Court dated 09.11.2023 in W.P.(MD) No.
18900 of 2020 [M.Raveendranath v. The District Collector]. In the said
order, learned Single Judge of this Court held that a person seeking
rehabilitation and resettlement compensation independently cannot be
denied. Accordingly, this Court directed the respondent/District Collector
to act upon the petitioner’s representation under the rehabilitation and
resettlement scheme as provided under the RFCTLARR Act.
7. On the other hand, learned Standing Counsel appearing for the
third respondent/NHAI submits that, in view of the consideration by the
District Collector and the granting of enhanced compensation to the
petitioner, he is not entitled to any further compensation. The remedy is
available under Section 34 of the Arbitration and Conciliation Act, 1996,
to challenge the arbitral award before the competent civil court. He
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further submits that once the statute provides a specific remedy for the
redressal of any grievance, such remedy must be exhausted. Moreover,
Article 226 of the Constitution of India cannot be invoked when an
alternative remedy exists, unless exceptional circumstances are
demonstrated.
8. Learned Standing Counsel also relied upon the order of this
Court dated 19.10.2023 (Neutral Citation : 2023 /MHC/4842). The
learned Single Judge, who passed the orders in M. Raveendranath's case
(cited supra), had also passed the said order on 19.10.2023. However, the
learned Judge found that if a person is eligible under Section 31 of the
RFCTLARR Act, the remedy available would be to file an application
under Section 34 of the Arbitration and Conciliation Act, as the award in
question was an arbitral award.
9. Heard the learned counsel for the parties and perused the
materials available on record.
10. In the present case, the land was acquired under the NH Act,
and accordingly, compensation was determined. The Government of
India, Ministry of Rural Development, through S.O. 2368(E) dated 28th
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August 2015, made the provisions for rehabilitation and resettlement
under Chapter V of the RFCTLARR Act applicable to the enactments
listed under Schedule IV of the RFCTLARR Act.
11. Under Schedule IV, the NH Act is also mentioned and the
provisions of Chapter V for rehabilitation and resettlement are
applicable. For ease of reference, Section 31 of the RFCTLARR Act is
extracted below:
“Section 31:Rehabilitation and Resettlement
Award for affected families by Collector.
(1) The Collector shall pass Rehabilitation and
Resettlement Awards for each affected family in terms of
the entitlements provided in the Second Schedule.
(2) The Rehabilitation and Resettlement Award shall
include all of the following, namely:---
(a) rehabilitation and resettlement amount payable to the
family;
(b) bank account number of the person to which the
rehabilitation and resettlement award amount is to be
transferred;
(c) particulars of house site and house to be allotted, in case
of displaced families;
(d) particulars of land allotted to the displaced families;
(e) particulars of one time subsistence allowance and
transportation allowance in case of displaced families;
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(f) particulars of payment for cattle shed and petty shops;
(g) particulars of one-time amount to artisans and small
traders;
(h) details of mandatory employment to be provided to the
members of the affected families;
(i) particulars of any fishing rights that may be involved;
(j) particulars of annuity and other entitlements to be
provided;
(k) particulars of special provisions for the Scheduled
Castes and the Scheduled Tribes to be provided:
Provided that in case any of the matters specified under
clauses (a) to (k) are not applicable to any affected family
the same shall be indicated as "not applicable":
Provided further that the appropriate Government may, by
notification increase the rate of rehabilitation and
resettlement amount payable to the affected families, taking
into account the rise in the price index.”
(emphasis supplied)
12. As seen from the above provisions, the District Collector is
required to pass the rehabilitation and resettlement award for every
affected family in accordance with the entitlements provided in Schedule
II. The proviso specifically states that the District Collector must specify
when an affected family is not entitled to the said rehabilitation and
resettlement, and this should be indicated as “not applicable.”
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13. The “Affected Family” is defined under Section 3(c) of
RFCTLARR Act:
“(c) “affected family” includes—
(i) a family whose land or other immovable property has been
acquired;
(ii) a family which does not own any land but a member or
members of such family may be agricultural labourers,
tenants including any form of tenancy or holding of usufruct
right, share-croppers or artisans or who may be working in
the affected area for three years prior to the acquisition of the
land, whose primary source of livelihood stand affected by
the acquisition of land;
(iii) the Scheduled Tribes and other traditional forest dwellers
who have lost any of their forest rights recognised under the
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007) due to
acquisition of land;
(iv) family whose primary source of livelihood for three years
prior to the acquisition of the land is dependent on forests or
water bodies and includes gatherers of forest produce,
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hunters, fisher folk and boatmen and such livelihood is
affected due to acquisition of land;
(v) a member of the family who has been assigned land by
the State Government or the Central Government under any
of its schemes and such land is under acquisition;
(vi) a family residing on any land in the urban areas for
preceding three years or more prior to the acquisition of the
land or whose primary source of livelihood for three years
prior to the acquisition of the land is affected by the
acquisition of such land;”
The above definition explains what constitutes an affected family and
identifies the categories of persons/families who fall within the scope of
the definition.
14. A collective reading of Chapter V, Schedule II and Schedule IV,
along with the definition of 'affected family,' under RFCTLARR Act and
the S.O. 2368(E) dated 28.08.2025, it is clear that a family whose land or
other immovable property is acquired would be entitled to the benefits
outlined in Schedule II.
15. Section 31 of the RFCTLARR Act specifically mandates that
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the District Collector shall pass a rehabilitation and resettlement award
for each affected family. The proviso further requires the District
Collector to specify whether the claim for rehabilitation and resettlement
is applicable or not.
16. In the present case, learned counsel for the petitioner argues
that two separate awards must be passed, one under the NH Act and the
second under Section 31 of the RFCTLARR Act. It is undisputed that the
competent authority under the NH Act as notified by the Central
Government and the District Collector are responsible for considering
compensation the NH Act and the RFCTLARR Act, respectively. In the
present case, it is not in dispute that the petitioner was granted
compensation by competent authority under the NH Act and thereafter in
the appeal filed by the petitioner an arbitral award was passed by the
District Collector. While two separate awards may not be strictly
necessary, the arbitral award passed under the NH Act by the District
Collector should have reflected the consideration of compensation under
Section 31 of the RFCTLARR Act as well. In this case, as seen from the
operative portion of the impugned order, the District Collector has stated
that the petitioner’s eligibility under Section 31(1) of the RFCTLARR
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Act was considered. Further, since compensation of Rs.43,13,942/- had
already been granted along with an additional enhanced compensation, it
was determined that adequate compensation had been provided, leading
to the rejection of the petitioner’s request under Section 31 of the
RFCTLARR Act.
17. The fact that compensation and enhanced compensation were
granted under the NH Act does not disentitle the affected family from
seeking compensation under Section 31 of the RFCTLARR Act. Under
the provisions of Chapter V of the RFCTLARR Act, the District
Collector has a bounden duty to consider whether the family qualifies as
an 'affected family', as defined under Section 3(c) of the RFCTLARR Act
and whether they are entitled to compensation as outlined in Schedule II.
Admittedly, there is no mention in the impugned order addressing this
aspect in terms of Section 31 of the RFCTLARR Act. While the
petitioner’s grievance was considered, the order does not specify whether
the petitioner is entitled to or disentitled from compensation under the
RFCTLARR Act. Merely mentioning that compensation under Section
31(1) is considered is not in compliance of the mandate under Section
31(1) of the RFCTLARR Act. It is clear that the petitioner’s family falls
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within the definition of "affected family" under Section 3(c) of the
RFCTLARR Act and therefore, the District Collector should have
specifically mentioned whether the petitioner is eligible or not eligible
for compensation under Section 31 of the RFCTLARR Act. Simply
stating that compensation was initially granted under the NH Act,
followed by enhanced compensation, does not suffice and will not
preclude the petitioner from seeking compensation under Section 31 of
the RFCTLARR Act. First proviso to Section 31(1) of the RFCTLARR
Act, it is mandatory for the District Collector to specify whether Clauses
(a) to (k) of Section 31(2) are applicable or not. There is no such mention
in the arbitral award or the impugned order.
18. As already discussed, the rejection of the petitioner's claim
under Section 31(1) of the RFCTLARR Act was based on the
compensation and enhanced compensation provided under the NH Act.
However, it has not been discussed regarding the applicability or non-
applicability as mentioned in Section 31 of RFCTLARR Act. Though it
was argued by the learned Standing Counsel for NHAI that the award is
an arbitral award, as such it must be referred to a civil court under
Section 34 of the Arbitration and Conciliation Act, the said argument
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cannot be considered since the mandatory requirement of passing an
award under Section 31(1) of the RFCTLARR Act has not been fulfilled.
Therefore, the present writ petition is maintainable and the District
Collector is required to pass an award in accordance with the mandatory
provision under Section 31(1) and the said rehabilitation and resettlement
award compensation denied.
19. For the aforesaid reasons, this writ petition stands allowed to
the extent that the first respondent/District Collector shall consider
whether the petitioner is entitled to any further compensation in terms of
Section 31 of the RFCTLARR Act. No costs. Consequently, the
connected miscellaneous petition is closed.
(K.SURENDER, J)
24.02.2026
NCC :Yes/No
Internet :Yes/No
Index :Yes/No
PKN
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To
1. The District Collector,
Kanyakumari District,
Nagercoil.
2. The Competent Authority And
District Revenue Officer, Land
Acquistion National Highways,
Tirunelveli @ Nagercoil,
Kanyakumari District.
3. The Project Director Cum DGM (Tech),
No.314e, K.P.Road,
Near Ayappan Kovil,
Parvathipuram,
Nagercoil - 629003,
Kanyakumari District.
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K.SURENDER, J.
PKN
24.02.2026
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