Narendra Kumar Bisani v. The Chief Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.4720 of 2022 Narendra Kumar Bisani

...Petitioner

Vs 1.The Chief Executive Officer,

2. Vice Chairman

3. The Managing Director, Chennai Metro Rail Scheme, No.11/6, Seethammal Street, Alwarpet, chennai-18.

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to dispose of the representation dated 18.03.2020 for appropriate compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 failing which to reconvey the above said land to the petitioner. For Petitioner : Mr.R.Karthikeyan For Respondents : Mr.M.Muthusamy Government Advocate

ORDER

This writ petition is filed seeking for direction the first respondent to dispose of the representation dated 18.03.2020 for appropriate compensation under the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The case of the petitioner is that the petitioner is absolute owner of the property bearing plot No.3, Sri Anjeneyar Nagar, Nerkundram Village, Maduravoyal Taluk comprised in S.No.57 and 62/2 to an extent of 2610 sq. ft. which was purchased vide sale deed dated 29.09.1989 in Doc. No.4334/1989 on the file of the SRO, Virugambakkam and the said land has been acquired by the respondents for the purpose of Koyambedu Wholesale Market Complex, for which, award was passed by the authorities. The petitioner sent a representation on 13.12.2018 to the 3rd respondent seeking to provide appropriate compensation. Since the same was not considered, the present writ petition has been filed before this Court seeking appropriate remedy.

3. Heard, the learned counsel appearing for the petitioner, and the Government Advocate appearing for the respondents and perused the materials available on record.

4. Considering the facts and circumstances of the case and the limited request made by the petitioner, this Court directs the respondents to consider the representation made by the petitioner dated 18.03.2020 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

5. With the above directions, this writ petition is disposed of. No order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar rli To 1.The Chief Executive Officer,

2. Vice Chairman

3. The Managing Director, Chennai Metro Rail Scheme, No.11/6, Seethammal Street, Alwarpet, chennai-18.

+1 CC to The Government Pleader sr 16654.

WP.No.4720 of 2022 PMK(CO) SP(28/03/2022)