Tmt.Sumathi v. National Highways Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2021
CORAM
THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. Nos.16825 to 16827 of 2011 and W.M.P. Nos. 1, 1 & 1 of 2011 Sumathi .. Petitioner in W.P. No.16825 of 2011 K.Vijayabhaskara Raju .. Petitioner in W.P. No.16826 of 2011 Mera Raju .. Petitioner in W.P. No.16827 of 2011 Vs 1.National Highways Authority of India by its Project Officer, SPIC Building, Guindy, Chennai - 32.
2.Special District Revenue Officer (Land Acquisition) - cum - Competent Authority,.
(under National Highways Act) Kancheepuram & Tiruvellur Districts, having its Office at Tahsildar Office, Poonamallee, Chennai - 600 056.
3.The Arbitrator (National Highways), and District Collector, Tiruvellur District, Tiruvellur.
.. Respondents in all W.P's.
Prayer in W.P. No.16825 of 2011: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing respondents to determine and pay compensation for the petitioner's land in Survey No. 179/8B1A No.62 Pethikuppam Village, Gummidipoondi Taluk, Tiruvellore District, measuring 2.0 Ares less 390 sft., acquired under The National Highways Act, 1956, by considering Petitioner's representation dated 10.6.2011, and thus applying the principles contained in Common Judgment dated 4.3.2011, passed by this Hon'ble Court passed in the batch cases in W.P. No. 15699/2008 etc.
Prayer in W.P. No.16826 of 2011: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing respondents to determine and pay
compensation for the petitioner's land in Survey No. 179/8B1A & 179/8B1D in No.62, Pethikuppam Village, Gummidipoondi Taluk, Tiruvellore District, measuring 390 sft., & 396 sft., acquired under National Highways Act, 1956, by considering Petitioner's representation dated 10.6.2011, and thus applying the principles contained in Common Judgment dated 4.3.2011, passed by this Hon'ble Court passed in the batch cases in W.P. No. 15699/2008 etc.
Prayer in W.P. No.16827 of 2011: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing respondents to determine and pay compensation for the petitioner's land in Survey No. 179/8B1D No.62, Pethikuppam Village, Gummidipoondi Taluk, Tiruvellore District, measuring 1.5 Ares less 396 sft., acquired under The National Highways Act, 1956, by considering Petitioner's representation dated 10.6.2011, and thus applying the principles contained in Common Judgment dated 4.3.2011, passed by this Hon'ble Court passed in the batch cases in W.P. No. 15699/2008 etc.
For Petitioner : Mr. Rajapandi (in all W.P's.) for K.Venkatasubba Raju For Respondents : Mr. M.Venkadesh Kumar (in all W.P's.) Government Advocate O R D E R When the matter was posted on 06.01.2021, learned Government Pleader appearing for the respondent submitted that compensation has already been paid to the petitioners in all these Writ Petitions. It is further stated that the revised compensation was also determined in terms of the provisions of Act 30 of 2013 namely the Right to Fair Compensation and Transparency in Land Acquisition Act.
2. Learned counsel representing the learned counsel for the petitioners submitted that the matter may be adjourned as the petitioner in one the Writ Petition died.
3. This Court is not inclined the adjourn the matter further as the matter has already become infructuous. Recording the statement of the learned Government Pleader appearing for the respondents, this Court is of the view that these Writ Petitions shall be dismissed as infructuous as nothing survives in this case for further adjudication. In case the statement of learned Government Advocate appearing for the respondents is found to be
false or incorrect, it is open to the petitioners to seek review of this order.
4. Accordingly, these Writ Petitions are dismissed as having become infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bkn To 1.The Project Officer, National Highways Authority of India SPIC Building, Guindy, Chennai - 32.
2.Special District Revenue Officer (Land Acquisition) - cum - Competent Authority,.
(under National Highways Act) Kancheepuram & Tiruvellur Districts, having its Office at Tahsildar Office, Poonamallee, Chennai - 600 056.
3.The Arbitrator (National Highways), and District Collector, Tiruvellur District, Tiruvellur.
+1cc to the Government Pleader Sr.1462 W.P. Nos.16825 to 16827 of 2011 ssd[co] srg 17/03/2021