Madras High CourtWP/2087/2020disposed of

Mr. K.V.Prasad v. The District Revenue Officer

2022-01-03Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.2087 of 2020 1.K.V.Prasad 2.K.Rajasekar 3.M/s.Legend Estates by its Partner Mr.Prasanth Choudry ... Petitioners Vs.

1.The District Revenue Officer Chennai Metropolitan Development Authority, Koyambedu Chennai 600 092.

2.The Special Tahsildar Poonamallee @ Nazarethpettai Chennai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents herein to determine the final compensation payable in respect of the lands acquired by the Respondents in Survey Nos.15/1B1A, 15/1A3, 15/1B4 in Nazarethpettai Village, Poonamallee Taluk, Thiruvallur District and pay compensation to the Petitioners.

For Petitioners : Mr.K.V.Babu For Respondents : Mr.M.Muthusamy Government Advocate

O R D E R

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents herein to determine the final compensation payable in respect of the lands acquired by

the respondents in Survey Nos.15/1B1A, 15/1A3, 15/1B4 in Nazarethpettai Village, Poonamallee Taluk, Thiruvallur District and pay compensation to the Petitioners.

2. The case of the petitioners is that the petitioners owned lands comprised in Survey Nos.15/1A3, 15/1B4 and 15/1B1A situated at Nazarethpettai Village, Poonamallee Taluk, Thiruvallur District. The respondents acquired the subject lands for the purpose of development of the outer ring road in pursuant to G.O.No.199 dated 04.12.2012. For the purpose of fixing compensation for the subject lands, called the petitioners for enquiry by the respondents vide letter dated 12.03.2014 in Na.Ka.No.3/2013/Ve.

Va.

Sa/Thiruvallur.

Accordingly, they conducted enquiry on 02.04.2014 in the office of the 1st respondent. In Award No.1/2015, an interim compensation was fixed on 06.07.2015 and even till today, the final compensation is not yet fixed for the acquisition of the subject lands. A sum of Rs.9,37,17,077/- was paid as interim compensation and the respondents failed to pass final award, even till today. Therefore, the petitioner made repeated request to the 1st respondent, but the 1st respondent did not consider the same.

3. Considering the above, the 1st respondent is directed to pass final order with regard to payment of compensation in respect of acquisition of the subject lands owned by the petitioners comprised in Survey Nos.15/1B1A, 15/1A3, 15/1B4 in Nazarethpettai Village, Poonamallee Taluk, Thiruvallur District, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar Dm To 1.The District Revenue Officer Chennai Metropolitan Development Authority, Koyambedu Chennai 600 092.

2.The Special Tahsildar Poonamallee @ Nazarethpettai Chennai.

+1cc to Mr.K.V.Babu, Advocate SR.No.484 +1cc to the Government Pleader SR.No.623 W.P.No.2087 of 2020 SMI(CO) GN(21/01/2022)