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Madras High CourtWP/6388/2018closed

S.Umangani, v. Union Of India,

2018-06-19Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.6388 of 2018 1.S.Umangani 2.S.R.Subangani ... Petitioners Vs 1.Union of India Rep by Secretary, National Highways Department, New Delhi.

2.The Project Director, National Highways Authority of India, 'SRI TOWER' 3rd floor, DP-34(SP) Industrial Estate Guindy, Chennai - 600 032.

3.The District Collector, Tiruvallur District,Tiruvallur.

4.The Competent Authority and Special D.R.O.(Land Acquisition), National Highways 205, Tiruvallur.

... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the fourth respondent to grant compensation in accordance with the Right to Fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (30 of 2013) pertaining to the petitioners lands in new Survey No.106 B/1A2 and 112/1A1 measuring an extent 240 sq.mtrs and 424 sq.mtrs respectively at Karanodai Village, Ponneri Taluk, Tiruvallur District.

For Petitioner : Mr.David Tyagaraj

For Respondents : Mr.J.Madana Gopal Rao Central Government Standing Counsel for R1 Mrs.S.R.Sumathy Standing Counsel, for R2 Mr.D.Raja Additional Government Pleader for R3 and R4

O R D E R

Heard Mr.David Tyagaraj, learned counsel for the petitioner and Mr.J.Madana Gopal Rao, learned Central Government Standing Counsel appearing for the first respondent, Mrs.S.R.Sumathy, learned Standing Counsel appearing for the second respondent and Mr.D.Raja, learned Additional Government Pleader appearing for the respondents 3 and 4.

2. This writ petition has been filed for issuance of writ of mandamus directing the fourth respondent to grant compensation in accordance with the Right to Fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (30 of 2013) pertaining to the petitioners lands in new Survey No.106 B/1A2 and 112/1A1 measuring an extent of 240 sq.mtrs and 424 sq.mtrs respectively at Karanodai Village, Ponneri Taluk, Tiruvallur District.

3. The learned Additional Government Pleader appearing for the respondents 3 and 4, by pointing out the page No.16 of the typed set of papers submitted that the petitioners were already paid the compensation under the new Land Acquisition Act, 2013.

4. In the light of the above submission, this Court is of the opinion that no further adjudication is required in this writ petition. In fine, this writ petition is closed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ms

To 1.The Secretary, Union of India National Highways Department, New Delhi.

2.The Project Director, National Highways Authority of India, 'SRI TOWER' 3rd floor, DP-34(SP) Industrial Estate Guindy, Chennai - 600 032.

3.The District Collector, Tiruvallur District, Tiruvallur.

4.The Competent Authority and Special D.R.O.(Land Acquisition) National Highways 205, Tiruvallur.

+1cc to Mr.J.MADANAGOPAL RAO, Advocate, S.R.No.38380 +1cc to Mr.DAVID TYAGARAJ, Advocate, S.R.No.38509 +1cc to Mr.SR.SUMATHY, Advocate, S.R.No.38616 +1cc to the Government Pleader, S.R.No. 39115 W.P.No.6388 of 2018 CA(CO) TR(28/06/2018)