Madras High CourtWP/29958/2012dismissed

M.Kisanlal v. The Govt., Of India

2022-02-25Honourable Mr Justice M.Dhandapani2 pages

1IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.29958 of 2012 M.Kisanlal ... Petitioner Vs.

1. The Government of India, Surface Transport and Ministry of Highway, New Delhi.

2. The Special District Revenue Office, Land Acquisition, N.H.205, No.210/6, M.V.Complex, C.V.Naidu Salai, City Super Market, Thiruvallur-602001.

3. National Highways Authority of India, G5&6, Sector-10, Dwarka, New Delhi-110015.

(R3 impleaded as per court order Dt.04.12.2012 in M.P.No.2/12, in W.P.No.29958/12) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondent from laying road in the petitioner's land situated in S.No.77/3 and 77/4 of Siruvanur Village, Tiruvallur District on the guise of the alleged acquisition proceedings related to Vedanginallur Village, Thiruvallur District notified in Tamil Daily Dinamani Dt.07.04.2011 without due process of law.

For Petitioner : Mr.M.Balasubramanian For Respondents : Mr.G.Krishnaraja Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to forbear the respondents from laying road in the petitioner's land situated in S.Nos.77/3 and 77/4 of Siruvanur Village, Tiruvallur District on the guise of the alleged acquisition proceedings related to Vedanginallur Village, Thiruvallur District, notified in Tamil Daily "Dinamani", Dt.07.04.2011 without due process of law. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Additional Government Pleader takes notice to the official respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property in S.No.77/3 measuring One Acre 99 cents and 19 cents in S.No.77/4 also in Siruvanur Village. However, without any acquisition proceedings, the respondent has acquired the land for the purpose of laying road. Hence, this writ petition is filed for the above said prayer.

4. The learned counsel for the petitioner submitted that though the petitioner filed a writ petition forbearing the respondent from laying road without any acquisition proceedings, and subsequently, the lands were acquired.

5. Recording the same, the respondents are directed to pay the compensation to the petitioner's lands if not already paid.

6. Accordingly, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Psa To

1. The Government of India, Surface Transport and Ministry of Highway, New Delhi.

2. The Special District Revenue Office, Land Acquisition, N.H.205, No.210/6, M.V.Complex, C.V.Naidu Salai, City Super Market, Thiruvallur-602001.

3. The National Highways Authority of India, G5&6, Sector-10, Dwarka, New Delhi-110015.

+1cc to Government Pleader SR. No.13369 W.P. No.29958 of 2012 NK (CO) PR (17/03/2022) https://hcservices.ecourts.gov.in/hcservices/