L.Srinivasulu v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM L.Srinivasulu ... Petitioner in W.P.No.5469/ 2023 A.Manimegalai ... Petitioner in W.P.No.7843/ 2023 Vs.
1. The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 660 009.
2. The Commissioner, Land Administration, Chepauk, Chennai - 600 005.
3. The District Collector, Kancheepuram District.
4. The District Revenue Officer(LA), Kancheepuram District.
5. The Executive Director, NRIDC, LLA Building,
6. The Divisional Engineer, TNRIDC, LLA Building, 1/6
7. The Special Tahsildhar, Land Acquisition, Orgadam Industries Infrastructure Scheme, Sriperumbudur Office of the Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.
... Respondents in both W.Ps.
Prayer in W.P.No.5469/ 2023:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the 1st respondent to disburse the additional compensation as per section 23(1A) of Land Acquisition Act 1894 and also re-fix award compensation at Rs. 1000/-per sq.ft as per act 30 of 2013 in respect of land in S.No. 195/5N (New S.No. 195/14) and S.No. 195/3, Vallam Village of Sriperumbudur Taluk, Kancheepuram District.
Prayer in in W.P.No.7843/ 2023:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the 1st respondent to disburse the additional compensation as per section 23(1A) of Land Acquisition Act 1894 and also re-fix award compensation at Rs. 1000/-per sq.ft as per act 30 of 2013 in respect of land in S.No. 195/5A2A and S.No. 195/6A2A, Vallam Village of Sriperumbudur Taluk, Kancheepuram District.
For Petitioners in both W.Ps.
: Mr.R.Subramanian For Respondents in both W.Ps.
: Mr.T.Arun Kumar, Additional Government Pleader 2/6
COMMON ORDER The relief sought in the present writ petitions is to direct the first respondent to disburse the interest under Section 24 of the Tamil Nadu Highways Act 2001.
2. It is not in dispute that the land belonging to the petitioners was acquired. The petitioners received compensation determined by the Land Acquisition Officer. An application was submitted claiming interest for the period from the date of actual possession till the date of passing of the award.
3. Section 24 of the Tamil Nadu Highways Act, 2001, stipulates that when the amount is not paid or deposited on or before taking possession of the land, the Government shall pay the amount determined with interest thereon, at the rate of 9% per annum, from the time of so taking possession until it shall have been so paid or deposited.
4. In view of the Section 24, the petitioners are entitled to claim interest for the belated deposit or payment of compensation. Accordingly, 3/6
the respondents are directed to calculate the interest as admissible under Section 24 of the Tamil Nadu Highways Act 2001 and settle the same in favour of the petitioners within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, the writ petitions stand allowed. No costs. 13.09.2023 Index : Yes Speaking Order (sha) To
1. The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 660 009.
2. The Commissioner, Land Administration, Chepauk, Chennai - 600 005.
3. The District Collector, Kancheepuram District.
4. The District Revenue Officer(LA), Kancheepuram District.
5. The Executive Director, NRIDC, LLA Building, 4/6
6. The Divisional Engineer, TNRIDC, LLA Building,
7. The Special Tahsildhar, Land Acquisition, Orgadam Industries Infrastructure Scheme, Sriperumbudur Office of the Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.
5/6
S.M.SUBRAMANIAM . J., (sha) 13.09.2023 6/6