Karivetty, Kathalai, Mummudi v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.12919 of 2015 and M.P.No.2 of 2015 Karivetty, Kathalai, Mummudichologan, Sathapdi, U.Adhannor, Valaiyamadevi (West), Valaiyamadevi (East Land), House and plots Owners Association (Reg. No.14/2013/Viruddhachalam), Rep. by its President R.Kaliyamoorthy, No.3/414, West Street, Kathalai Post - 606 103, Cuddalore District.

... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

2.The District Revenue Officer (L.A), Neyveli - 2.

3.The District Collector, Cuddalore District, Cuddalore.

4.Neyveli Lignite Corporation Ltd., Rep. by its Managing Director, Neyveli.

... Respondents Page No.1 of 5

PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Declaration declaring the order passed by the first respondent in G.O.(Ms) No.251 Industries (SIPCOT-LA) Department dated 31.12.2014 as illegal and for a consequential direction that the provisions of Central Act 30 of 2013 relating to determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules being beneficial to the affected families, shall apply to the case of land acquisition where the notice under section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997, (hereinafter referred to State Act 10/1999) published even before 01.01.2014 award costs.

For Petitioner :

M/s.Narmada Sampath For Respondents 1 to 3 :

Mr.B.Vijay, Additional Government Pleader For Respondent 4 : Mr.N.Nithianandam

O R D E R

This writ petition has been filed for seeking issuance of Writ of Writ of Declaration declaring the order passed by the first respondent in G.O.(Ms) No.251 Industries (SIPCOT-LA) Department dated 31.12.2014 as illegal and for a consequential direction that the provisions of Central Act 30 of 2013 Page No.2 of 5

relating to determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules being beneficial to the affected families, shall apply to the case of land acquisition where the notice under section 3(2) of the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997, (hereinafter referred to State Act 10/1999) published even before 01.01.2014 award costs.

2. When the matter was taken up for hearing, learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that already the State Government has passed the Tamil Nadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 (Act 38 of 2019) and granted fair compensation to the petitioner in terms of Act 30 of 2013.

3. In view of the above, no order is necessary in this writ petition. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

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Index :

Yes/No Speaking Order :

Yes/No M.DHANDAPANI,J.

vm To:

1.The Secretary to Government, Industries Department, Fort St.George, Chennai - 600 009.

2.The District Revenue Officer (L.A), W.P.No.12919 of 2015 Neyveli - 2.

3.The District Collector, Cuddalore District, Cuddalore.

4.The Managing Director Neyveli Lignite Corporation Ltd., Neyveli.

Page No.4 of 5

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