Jalaludeen v. Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 25.06.2021
CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.12647 of 2021 and W.M.P.No.13436 of 2021 Jalaludeen
...Petitioner
-Versus1.Revenue Divisional Officer, RDO Office, Villupuram Collectorate, Villupuram 605 602.
2.District Collector Villupuram, Villupuram Collectorate, Villupuram - 605 602.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus calling for the records of the 1st respondent in Na.Ka.No.A2/3693/ 2019 dated 05.02.2020 and directing the respondents to dispose of the petitioner's representations dated 18.02.2020, 22.09.2020 and 14.05.2021 and to pass an award by fixing a fair compensation of Rs.17, 31,861/- as per Section 26, sub clause (b) and Explanation (2) under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013, for the land acquired under section 7 (3) of the Tamil Nadu Acquisition of Land for industrial Purposes Act 1977 (T.N.Act 10/199) situated in the Villupuram Joint I Villupuram District Comprised in survey No.27/ B4 with Following the procedure contemplated under law.
For Petitioner : Mr.Gokul Rao For Respondent(s) : Mr.K.M.D.Muhilan, Government Advocate for RR1 & 2
ORDER
[This matter has been heard through video conference] This writ petition has been filed seeking a direction to the respondents to consider the representations of the petitioner
dated 18.02.2020, 22.09.2020 and 14.05.2021 and to pass an award by fixing a fair compensation of Rs.17, 31,861/- under the provisions of The Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 for the land acquired under section 7 (3) of the Tamil Nadu Acquisition of Land for industrial Purposes Act, 1977 (Tamil Nadu 10/199) situated in survey No.27/ B4 at Villupuram Town.
2. The case of the petitioner is that his land mentioned above was acquired by the State for extension of railway line between Villupuram and Katpadi.
Even though the land acquisition proceedings were initiated long back , no award has been passed till date. The grievance of the petitioner is that the representations made by him seeking fair compensation are yet to see the light of the day, hence the present writ petition.
3. Today, when the matter has been taken up for hearing, the learned counsel for the petitioner, on instructions, submitted that though the petitioner had appeared before the Land Acquisition Officer long back for award enquiry and submitted his objections along with documents in respect of valuation of the land in question, till date, no award has been passed.
4. On the other hand, the learned Government Advocate, on instructions, submitted that award enquiry was over and the petitioner, who appeared for enquiry before the Land Acquisition Officer, had submitted his objection petition along with the documents in respect of valuation of the land in question, and the 1st respondent would consider the same and pass suitable award as expeditiously as possible.
5. Considering the limited nature of relief sought for in the writ petition and the submissions made on either side, this court, without going into the merits of the claim, directs the 1st respondent to consider the objection/representations of the petitioner along with the supporting documents for enhancement of compensation on merits and in accordance with law and pass appropriate award within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs. Consequently, connected WMP is closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar
kmk To 1.Revenue Divisional Officer, RDO Office, Villupuram Collectorate, Villupuram 605 602.
2.District Collector Villupuram, Villupuram Collectorate, Villupuram - 605 602. +4 CC to Mr.N. Gokula Rao, Advocate sr 29704. Writ Petition No.12647 of 2021 PCH(CO) SP(23/07/2021)