P.Sugunavally v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.11228 of 2021 P. Sugunavally, ... Petitioner -Vs1. The Principal Secretary, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.
2. The Land Acquisition Officer and District Revenue Officer, Collectorate Building, Coimbatore - 641 018.
3. The Divisional Engineer, Highway Projects, Near North Coimbatore Flyover, Mettupalayam Road, Coimbatore - 641 043.
... Respondents PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the 2nd Respondent herein to consider and dispose of the petitioner's representation dated 09.03.2021 within a fixed time frame, concerning land acquisition Public Notice No.21508/2019/U5 dated 08.02.2021 issued U/s.15(2) of the Tamilnadu Highways Act, 2001 and Tamilnadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 for the proposed construction of Elevated Highway along Avinashi Road in Coimbatore City from Goldwins to Uppilipalayam and pass appropriate orders accordingly.
For Petitioner :: Mr.P.M. Duraiswamy For Respondents :: Mr. V. Veluchamy (Government Advocate) * * * * *
O R D E R
The relief sought for in this writ petition for issuance of Writ of Mandamus, directing the 2nd Respondent herein to consider and dispose of the petitioner's representation dated 09.03.2021 within a fixed time frame, concerning land acquisition Public Notice No.21508/2019/U5 dated 08.02.2021 issued U/s.15(2) of the Tamilnadu Highways Act, 2001 and Tamilnadu Land Acquisition Laws (Revival of Operation, Amendment and Validation) Act, 2019 for the proposed construction of Elevated Highway along Avinashi Road in Coimbatore City from Goldwins to Uppilipalayam and pass appropriate orders accordingly.
2. Heard the learned counsel appearing for both sides as well as perused the material available on records.
3. Having considered the facts and circumstance of the case and submissions of the learned counsel on either side, it is seen on a perusal of the counter filed on behalf of the 3rd respondent that as per the 15(2) notification for Ward I contains 68 survey numbers for an area of 5463 Sq.Mtr in which the petitioner's land comes under T.S. No.915/1B for an area of 99.20 Sq.Mtr. & T.S.No.916 for an area of 6.50 Sq.mtr. for a proposal of construction of Elevated Highways along Avinashi Road in Coimbatore City from Goldwins to Upplipalayam Km147/100-157-200 (SHU). Further, the 3rd respondent in his counter submitted that the Structural component of the building located at T.S.No.915/1B & 916 is not affected by acquisition of land for the proposed Bus bay in the flyover project. The land measuring in T.S.Nos 915/1B is 99.20 Sq.Mtr and 916 is 6.
50 Sq.Mtr. is proposed to be acquired by highways department for the above project. The buildings located in the above T.S.Nos. are not affected by acquisition. Only the pavement laid with paver blocks and compound wall in the T.S.No.915/1B&916 are included in the Structural valuation.
4. Recording the aforesaid submissions of the 3rd respondent herein in the counter, this Court directs the respondents to proceed further as per the submissions in the counter and if there is any move for further expansion affecting the buildings located in the above T.S.Nos. 915/1B & 916, the petitioner shall be served with notice in accordance with law & to proceed only after affording sufficient opportunity to the petitioner herein.
5. With the aforesaid directions, the Writ petition is closed. Consequently, connected miscellaneous petition is closed if any. No Costs.
Sd/- Assistant Registrar(CJ conf) // True Copy // Sub Assistant Registrar Lbm To:
1. The Principal Secretary, Highways and Minor Ports Department, Secretariat, Chennai - 600 009.
2. The Land Acquisition Officer and District Revenue Officer, Collectorate Building, Coimbatore - 641 018.
3. The Divisional Engineer, Highway Projects, Near North Coimbatore Flyover, Mettupalayam Road, Coimbatore - 641 043.
+1cc to Mr.P.M.Duraiswamy, Advocate SR.No.52308 +1cc to the Government Pleader, SR.No.53165 W.P. No.11228 of 2021 CB(22/12/2021)