A.A.Ayisha Nachia v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.11583 of 2024 and W.M.P. Nos.12676 & 12678 of 2024 Smt.A.A.Ayisha Nachia ... Petitioner Vs 1.The District Collector Office of the District Collector Kancheepuram District Kancheepuram 2.The Special Deputy Collector (Land Acquisition) Tamil Nadu Urban Development Scheme - II Alandur, Chennai - 600 016 3.The Special District Revenue Officer (Land Acquisition) Highways Department Metropolitan City Section Alandur, Chennai - 600 016 ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for records pertains to notice of 2nd respondent dated 29.07.2010 made in Na.Ka. No.130/2007/A1 and quash the same and further direct the 2nd respondent to pay sum of Page 1/5
Rs.7,75,264/- (seven lakhs seventy five thousand two hundred sixty four only) as compensation with interest before taking possession of the property situated in S. No.67/2D1B, Land Acquisition Sub Division No.67/2D1B, Neelangarai, Shozhinganallur Taluk, Chengalpattu District from the petitioner. For Petitioner : Mr.R.Ramesh For Respondents : Mr.P.Sathish Addl. Govt. Pleader for R1 to R3
O R D E R
This writ petition has been filed to call for the records pertains to notification of the 2nd respondent dated 29.07.2010 made in Na.Ka. No.130/2007/A1, quash the same and for a further direction to the 2nd respondent to pay a sum of Rs.7,75,264/- (seven lakhs seventy five thousand two hundred sixty four only) as compensation with interest before taking possession of the property situated in S. No.67/2D1B, Land Acquisition Sub Division No.67/2D1B, Neelangarai, Shozhinganallur Taluk, Chengalpattu District from the petitioner.
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2. The grievance of the petitioner is that a notification was issued originally for acquiring 91 sq.mtrs of land and the land has been acquired and compensation was also paid. However, now contrary to the notification, the respondents are making an attempt to acquire a further extent of 7 sq.mtrs i.e. 97 sq.mtrs. instead of 91 sq.mtrs. Hence, without payment of compensation, the excess land cannot be acquired.
3. The learned Additional Government Pleader appearing for the respondents, on instructions, would submit that they have acquired only 91 sq.mtrs. of land. They will not take excess land, as stated by the writ petitioner. The statement of the learned Additional Government Pleader is recorded.
4. In such view of the matter, no further order is required. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petitions are closed.
13.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Asr Page 3/5
To 1.The District Collector Office of the District Collector Kancheepuram District Kancheepuram 2.The Special Deputy Collector (Land Acquisition) Tamil Nadu Urban Development Scheme - II Alandur, Chennai - 600 016 3.The Special District Revenue Officer (Land Acquisition) Highways Department Metropolitan City Section Alandur, Chennai - 600 016 4.The Government Pleader High Court, Madras Page 4/5
N.SATHISH KUMAR , J.
Asr W.P.No.11583 of 2024 and W.M.P. Nos.12676 & 12678 of 2024 13.06.2024 Page 5/5