G.Saravanaperumal v. The District Revenue Officer (Land Act)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.8931 OF 2022 G. Saravanaperumal ... Petitioner Vs The District Revenue Officer (Land Acquisition) Chennai Metro Rail Scheme, Koyambedu, Chennai- 107.

... Respondent PRAYER :

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to acquire entire petitioner's northern side 3000 Sq.feet and pay the compensation as per the national Highways Act by considering the petitioner's representation dated 12.01.2022.

For Petitioner ... Mr. S. Packiaraj For Respondent ... M/s. Jayesh B.Dolia

O R D E R

The present petition has been filed seeking a direction to the respondent to acquire a particular portion of the petitioner's property and the pay the compensation for the same as per the national Highways Act.

2. Mr. Jayesh B. Dolia, Learned Counsel appearing for the respondent takes notice for the respondent.

3. It is the case of the petitioner and his wife are the joint owners of the subject property. The Respondent herein had proposed to acquire the lands for CMRL project including a particular extent of the petitioner's land by wrongly classifying his land as punja land. Objecting the said acquisition, the land owners made several representations to the respondent herein, pursuant to which, a final proposal for acquisition was made by the respondent herein in favour of them. However, the objection was made by the petitioner as against the final proposal vide a detailed representation on 12.01.2022, has not yet been considered by the respondent till date. Hence, the petitioner has come up with this Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondent herein to consider the petitioner's representation dated 12.01.2022 made by the petitioner and dispose of the same on merits within the time that may be stipulated by this Court.

5. Learned Counsel appearing for the Respondent herein has no objection to the said order being passed.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the Respondent/The District Revenue Officer (Land Acquisition) to consider the petitioner's representation dated 12.01.2022 and dispose of the same in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No costs.

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

To The District Revenue Officer (Land Acquisition) Chennai Metro Rail Scheme, Koyambedu, Chennai- 107.

+1cc to Mr.S.Packiaraj, Advocate, S.R.No.25580 W.P.No.8931 of 2022 KJ(CO) PM/31/05/2022