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Madras High CourtWP/24808/2015closed

M/S.Ennor Industries Private v. Union Of India,

2018-10-04Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04..10..2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN WRIT PETITION NO.24808 OF 2015 AND M.P.NO.1 OF 2015 & W.M.P.NOS.29416 & 29417 OF 2018 M/s.Ennore Industries Private Limited, Rep. by itsDirector - Mr.R.Kamakotteswaran, Registered Office at No.69, Greams Road, Chennai 600006.

... Petitioner -Versus1. Union of India, Rep. by its Secretary, Ministry of Shipping & Road Transport & Highways, Government of India, New Delhi 110 001.

2. The Competent Authority, Special District Revenue Officer (Land Acquisition), National Highways, Kanchipuram and Thiruvallur District, Kanchipuram, Poonamallee.

3. National Highways Authority, Rep. by its Regional Director, Project at Kancheepuram, Kancheepuram.

[3rd respondent was suo motu impleaded as per order dated 12.08.2015 in W.P.No.24808 of 2015] ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records of the 2nd respondent relating to the notice in Ref.No.Na.Ka.479/2013/A/NH-5 dated June, 2015 and to quash the same.

For Petitioner : Mr.S.R.Raghunathan For Respondents : Mr.R.Veludoss, Central Government Standing Counsel for R1 Mr.Richardson Wilson for M/s.Wilson Associates for R2 and R3

ORDER

This writ petition has been filed challenging the notice dated dated Nil, June, 2015 in Na.Ka.479/2013/A/NH-5 issued by the 2nd respondent under Section 3-H of the National Highways Act, 1956, directing the petitioner to collect the compensation amount for the land acquired by the State by producing the supporting materials in respect of the ownership of the subject land and handover the possession of the subject land.

2. Even though the several grounds have been raised in the writ petition assailing the order impugned in the writ petition, from the typed set of papers filed in the open court today by the learned counsel for the respondents 2 and 3, it is seen that subsequent to the original award dated 14.12.2017 for Rs.12,80,51,985/-, on 11.06.2018, the 2nd respondent has passed a supplementary award for Rs.2,44,43,025/- towards solatium and additional land cost which was in addition to the original award amount.

3. At this juncture, the learned counsel for the petitioner, on instructions, submitted that the petitioner is prepared to receive the amount without prejudice to his right to challenge both the original as well as the revised award in the manner known to law.

4. Recording the submissions made by the learned counsel on either side, the writ petition is closed. However, it is always open to the petitioner to appeal against the award in the manner known to law, if he so desires. No costs. Consequently, connected MPs are closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar kmk

To

1. The Secretary,Union of India, Ministry of Shipping & Road Transport & Highways, Government of India, New Delhi 110 001.

2. The Competent Authority, Special District Revenue Officer (Land Acquisition), National Highways, Kanchipuram and Thiruvallur District, Kanchipuram, Poonamallee.

3. The Regional Director,National Highways Authority, Project at Kancheepuram, Kancheepuram.

+1cc to Mr.R.Veludoss, Advocate, S.R.No.68513 +1cc to Mr.S.R.Raghunathan, Advocate, S.R.No.68929 W.P.No.24808 of 2015 CS/25/10/2018