G.Salammal v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.11333 of 2022 and W.M.P.No.10867 of 2022 G.Salammal ... Petitioner Vs.

1.The Secretary to Government, Ministry of Road Transport & Highways, Government of India, National Highways Authority of India, G 5 & 6, Sector-10, Dwarka, New Delhi - 110 075.

2.The District Collector, Collectorate Office, Dharmapuri District, Dharmapuri-15.

3.Competent Authority & Special District Revenue Officer - Land Acquisition, National Highways - 844, (Hosur-Royakottai - Dharmapuri Section), Dharmapuri.

4.The Project Director (NH 844), National Highways Authority of India, PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to pass appropriate orders on the reference/representation dated 18.01.2021, 17.09.2021 and 04.04.2022 made by the petitioner under Section 3G (5) of the National Highways Act and enhance the compensation in respect of his land measuring an extent of 526 sq.mtrs comprised in S.No.109/202A, Pappinaickanpatti Village, Palacode Taluk, Dharmapuri District and the actually available by following the procedure contemplated under Section 29(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) and re-fix the compensation as per the provision of Schedule I & II and Section 26(1) a & b of the

Central Act 30 of 2013, within the time frame to be fixed by this Court.

For Petitioner : Mr.R.Ramesh Raja For Respondents : Mr.R.Rajesh Vivekanantan ASG for R1 Mr.Su.Srinivasan, NHAI for R4 Mr.P.Sathish, Additional Government Pleader for R2 & R3

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the second respondent to pass appropriate orders on considering the petitioner's references / representations dated 18.01.2021, 17.09.2021 and 04.04.2022.

2. It is the case of the petitioner that she acquired the land comprised in Survey No.109/202A, by way of sale deed admeasuring 526 sq. mtrs. situated in Pappinaickanpatti Village, Palacode Taluk, Dharmapuri District. Subsequent to the acquired right and title in respect of the aforesaid land, the petitioner is in peaceful possession and enjoyment of the same. In the year 2018, the National Highways Authority issued Notification under Section 3A(1) of the National Highways Act, 1956 stating that the petitioner's land of an extent of 447 sq. mtrs. will be acquired for the purpose of laying National Highways 844, however, the competent authority has fixed very meagre compensation without considering the construction of the petitioner. Hence, the petitioner made references / representations before the second respondent dated 18.01.2021, 17.

09.2021 and 04.04.2022, under Section 3G (5) of the National Highways Act, seeking to re-determine the award amount, by following the procedures contemplated under Section 29(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and to re-fix the compensation as per the provision of Schedule I and II and Section 26(1) (a) & (b) of the Central Act 30 of 2013 and since the same has not yet been considered, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

3. The learned counsel appearing for the petitioner submitted that the very same issue has already been considered by this Court in W.P.Nos.27412 of 2021 etc., batch and vide order dated 22.12.2021, this Court issued direction to the second respondent therein to engage a competent valuer to value the Well and other amenities in the petitioner's land therein and to pass appropriate orders on the enhancement of compensation proceedings after receipt of the valuation

receipt from the competent valuer and prayed for similar orders in this writ petition also.

4. Respective learned counsel appearing for respondents have no objection for the said order being passed..

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. In the above circumstances, this Court directs the second respondent to consider the petitioner's references / representations dated 18.01.2021, 17.09.2021 and 04.04.2022, under section 3G (5) of the National Highways Act, for engagement of valuer for valuing the residential property in line with the order passed in W.P.Nos.27412 of 2021 etc., batch for valuing the residential property and pass appropriate orders in accordance with law on receipt of the report of the valuer within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rap/jd To 1.The Secretary to Government, Ministry of Road Transport & Highways, Government of India, National Highways Authority of India, G 5 & 6, Sector-10, Dwarka, New Delhi - 110 075.

2.The District Collector, Collectorate Office, Dharmapuri District, Dharmapuri-15.

3.Competent Authority & Special District Revenue Officer - Land Acquisition, National Highways - 844, (Hosur-Royakottai - Dharmapuri Section), Dharmapuri.

4.The Project Director (NH 844), National Highways Authority of India, PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

W.P. No.11333 of 2022 SKM(CO) A.SK(10/06/2022)