S.Gunasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH S.Gunasekaran ... Petitioner Vs 1.The District Collector District Collector Office Kancheepuram District.

2.The Competent Authority & Special District Revenue Officer (LA) National Highways Kancheepuram District.

3.The Project Director PIU - Kancheepuram National Highways Authority of India Kancheepuram.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the first respondent to adjudicate the issue of enhancement of compensation to the land acquired by the second respondent comprised in Survey Nos.81/2 (1050 sq.mtrs), 83/3 Pt (1233 sq.mts.), 84/1 (2000 sq.mts), situated at Podavur Village, Kanchipuram Taluk, 1/5

Kanchipuram District, under Section 3G(5) of the National Highways Act, 1956 and Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 based on the representations dated 25.04.2023, 09.05.2023, 11.05.2023 and 30.12.2024 submitted by the petitioner and pass an award within a time period to be stipulated by this Court.

For Petitioner :

Mr.R.Murali For Respondents :

Mr.P.Sathish Additional Government Pleader [R1 &R2] Mr.Su.Srinivasan Standing Counsel for R3

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the first respondent to adjudicate upon the application submitted by the petitioner seeking for enhancement of compensation under Section 3G(5) of the National Highways Act.

2. Heard Mr.R.Murali, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2, and Mr.Su.Srinivasan, learned Standing Counsel for the 2/5

third respondent.

3. The lands belonging to the petitioner was acquired under the National Highways Act. The compensation was fixed by the second respondent under Award dated 14.11.2019, and the petitioner not being satisfied with the quantum of compensation fixed by the second respondent, filed an appeal before the first respondent under Section 3G(5) of the National Highways Act. On receipt of the same, the first respondent through communication dated 02.01.2025 informed the petitioner that a report has already been received from the Special District Revenue Officer (L.A) and a further report is awaited from the Project Director, Chennai, based on which, enquiry will be conducted and orders will be passed.

4. In the light of the above communication being received by the first respondent, there shall be a direction to the first respondent to afford an opportunity to the beneficiary viz., National Highways Authority of India to take a call on the issue, and thereafter, the first respondent shall pass final orders within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5. This writ petition is disposed of with the above terms. No costs. 03.04.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds To:

1.The District Collector District Collector Office Kancheepuram District.

2.The Competent Authority & Special District Revenue Officer (LA) National Highways Kancheepuram District.

3.The Project Director PIU - Kancheepuram National Highways Authority of India Kancheepuram.

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N. ANAND VENKATESH., J ds 03.04.2025 5/5