S.Jaya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Jaya W/o.Thanigaivel 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 Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to adjudicate the issue for enhancement of compensation to the lands acquired by the respondents which are comprised in S.No.178/3 to an extent of 19 sq.mts S.No.181/1 to an extent of 182 sq.mts and S.No.178/3B to an extent of 55 sq.mts. situated at Podavur Village, Kanchipuram Taluk and District under Section 3G(5) of the National 1/4

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 representation dated 21.04.2023 submitted by the petitioner.

For Petitioner : Mr.R.Murali For Respondents : Mr.P.Sathish Additional Government Pleader [R1 & R2] Mrs.S.R.Sumathy, Standing Counsel [R3] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to adjudicate the application submitted by the petitioner 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, wherein the petitioner is seeking for enhancement of compensation.

2. Heard Mr.R.Murali, learned counsel appearing for petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 and 2 and Mrs.S.R.Sumathy, learned Standing Counsel appearing for third respondent. 2/4

3. The petitioner was aggrieved by the compensation that was fixed by the second respondent and hence, submitted an appeal before the respondents seeking for enhancement of compensation. The first respondent called the petitioner for enquiry and the petitioner has submitted all the relevant documents.

4. Learned Standing Counsel appearing on behalf of the third respondent submitted that NHAI has also filed counter.

5. In view of the above, there shall be a direction to the first respondent to deal with the application filed by the petitioner on its own merits and in accordance with law after affording opportunity to the petitioner and the third respondent and final orders shall be passed within a period of eight (8) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

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N.ANAND VENKATESH, J gm 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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