M/S.Veeyel Enterprises v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.1085 of 2020 M/s.Veeyel Enterprises, Rep. by its Managing Partner, S.P.Lakshmanan, No.13/3, Trunk Road, Nazarethpet, Poonamallee, Chennai - 600 012 ... Petitioner -Vs1. The Union of India Rep by the Secretary to the Government, Ministry of Road, Transport & Highways, Transport Bhawan, New Delhi.
2. The National Highways Authority of India, Rep by its Chairman, G-5 & 6, Sector-10, Dwarka, New Delhi - 110 075.
3. The Competent Authority and Special District Revenue Officer, Land Acquisition, National Highways, Kancheepuram and Tiruvallur District, Kancheepuram.
4. The Competent Authority and Special District Revenue Officer, Land Acquisition, National Highways, No.3/4, Lal Bagadhur Sastri Street, Periyakuppam, Thiruvallur.
... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the third and fourth respondents to determine the compensation based on the market value of the property prevailing as on the date of actual payment of compensation and consequently, direct the first and second
respondents to deposit the same with the third respondent in order to pay the same to the petitioner.
For Petitioner : Mr.R.Saravana Kumar For Respondents For R1 : Ms.P.J.Anitha Central Government Standing Counsel For R2 : Mr.G.Karthikeyan Central Government Standing Counsel For R3 & R4 : Mr.G.Ameedius Government Advocate.
ORDER
The Writ Petition has been filed to direct the third and fourth respondents to determine the compensation based on the market value of the property prevailing as on the date of actual payment of compensation and consequently, direct the first and second respondents to deposit the same with the third respondent in order to pay the same to the petitioner.
2.Heard Mr.R.Saravana Kumar, learned counsel appearing for the petitioner, Ms.P.J.Anitha, learned Central Government Standing Counsel appearing for the first respondent, Mr.G.Karthikeyan, learned Central Government Standing Counsel appearing for the second respondent and Mr.G.Ameedius, learned Government Advocate appearing for the respondents 3 & 4. 3.Though the petitioner filed this Writ Petition for direction to direct the respondents 3 & 4 to determine the compensation for the property which was acquired by them based on the marked value, during the pendency of the present Writ Petition, the petitioner has also filed an application before the designated Arbitrator viz., the District Collector, Thiruvallur District, on 01.12.2020, for the same relief and it is pending.
4.Considering the above facts, the District Collector, Thiruvallur District is directed to dispose the petitioner's application dated 01.12.2020, for enhancement of compensation, after giving opportunity of hearing to the petitioner and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of the receipt of a copy of this Order, if not already disposed of.
5.With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar Rts To
1. The Secretary to the Government, The Union of India, Ministry of Road, Transport & Highways, Transport Bhawan, New Delhi.
2. The Chairman National Highways Authority of India, G-5 & 6, Sector-10, Dwarka, New Delhi - 110 075.
3. The Competent Authority and Special District Revenue Officer, Land Acquisition, National Highways, Kancheepuram and Tiruvallur District, Kancheepuram.
4. The Competent Authority and Special District Revenue Officer, Land Acquisition, National Highways, No.3/4, Lal Bagadhur Sastri Street, Periyakuppam, Thiruvallur.
5. The District Collector, Thiruvallur District.
+1cc to Mr.E.Veera Bagathsingh, Advocate SR.No.5818 +1cc to the Government Pleader SR.No.6017 W.P. No.1085 of 2020 KSM(CO) GN(10/02/2022)