C.Veeramani, v. State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and M.P.Nos.1 & 2 of 2015 C.Veeramani ... Petitioner Vs.
1.State of Tamil Nadu, Rep. by Secretary, Industries Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The District Collector, Cuddalore District, Cuddalore.
3.The Special Tahsildar - LA No.15, Neyveli - 2, Chidambaram Taluk, Cuddalore District.
4. NLC India Ltd., (formerly M/S. Neyveli Lignite Corporation Limited) Rep. by its Chairman and Managing Director, Neyveli-1, Cuddalore District.
... Respondents R4 impleaded vide order dated 11.10.2022 made in W.M.P.No.11248 of 2017 in W.P.No.34771 of 2015. 1/6
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in Na.Ka.No.L6/43820/2006 & No.L6/43022/2006 dated 02.09.2008 and quash the same and consequently, direct the respondents to determine the compensation payable to the petitioner in respect of his lands situated at Vallyamadevi (west), Chidambaram Taluk, Cuddalore District lands comprised in S.No.150/10A = 0.05.50 extent, S.No.145/1C = 0.03.50 extent, S.No.145/2C = 0.05.50 extent, S.No.145/8A = 0.17.50 extent, S.No.145/10F = 0.13.00 extent, S.No.145/10I = 0.04.00 extent, Patta No.533, under the Central Act No.30 of 2013.
For Petitioner :
M/S.Narmadha Sampath For R1 to R3 :
Mr.B.Vijay, Additional Government Pleader For R4 :
Mr.N.Nithianandam
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in Na.Ka.No.L6/43820/2006 & No.L6/43022/2006 dated 02.09.2008 and quash the same and consequently, direct the respondents to determine the compensation payable to the petitioner in respect of his lands situated at Vallyamadevi (west), Chidambaram Taluk, Cuddalore District lands comprised in S.No.150/10A = 0.05.50 extent, S.No.145/1C = 0.03.50 extent, S.No.145/2C = 0.05.50 extent, S.No.145/8A = 0.17.50 extent, S.No.145/10F = 0.13.00 extent, S.No.145/10I = 0.04.00 extent, Patta No.533, under the 2/6
Central Act No.30 of 2013.
2. The case of the petitioner is that the petitioner is the owner of the aforesaid properties, which were sought to be acquired under the provisions of the Tamil Nadu Acquisition of land for Industrial Purposes Act, 1997 (in short, "the Act"). Challenging the notice issued under Section 7 of the said Act, the petitioner filed the present Writ Petition.
3. The learned counsel for the petitioner submitted that, till date, no award was passed by the respondents. Further, she submitted that this Court may issue direction to the respondents to pass award in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a particular time frame that has to be fixed by this Court.
4. Per contra, the learned counsel appearing for the fourth respondent/impleaded respondent filed a detailed counter affidavit and submitted that pursuant to the impugned notice dated 02.09.2008, the award was passed in Award Nos.20 and 22 of 2009, dated 30.06.2009 and 20.07.2009, and thereafter, the petitioner had approached the Lok Adalat for 3/6
enhancement of compensation under the provisions of Land Acquisition Act, and the Lok Adalat by Award No.999 of 2010 dated 18.09.2010, granted the enhanced compensation and the same was also paid to the petitioner. Further, the possession of the lands were also taken and handed over to the fourth respondent. Hence, nothing survives for adjudication in this Writ Petition.
5. In view of the subsequent development, since the petitioner filed the present Writ Petition challenging the award notice and subsequently, the award was passed, no further order is necessary in this Writ Petition. Accordingly, the Writ Petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are closed. 11.10.2022 Index : Yes / No Speaking order: Yes/ No jd 4/6
To 1.The Secretary, Industries Department, Fort St. George, Secretariat, Chennai - 600 009.
2.The District Collector, Cuddalore District, Cuddalore.
3.The Special Tahsildar - LA No.15, Neyveli - 2, Chidambaram Taluk, Cuddalore District.
4. The Chairman and Managing Director, NLC India Ltd., Neyveli-1, Cuddalore District.
5/6
M.DHANDAPANI, J.
jd and M.P.Nos.1 & 2 of 2015 11.10.2022 (1/2) 6/6