S.Latha v. The Secretary,
IN THE HIGH COURT OF JUDICATUE AT MADRAS
DATED: 20.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR S.Latha .. Petitioner Vs 1.The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 9.
2.The Commissioner, Land Administration, Chepauk, Chennai - 5.
3.The District Collector, Kanchipuram District.
4.The District Revenue Officer (LA), Kanchipuram District.
5.The Executive Director, NRIDC, LLA Building, Chennai - 2.
6.The Divisional Engineer, TNRIDC, LLA Building, Chennai - 2.
7.The Special Tahsildar, 1/6
Land Acquisition, Oragadam Industries Infrastructure Scheme, Sriperumbudur, Kanchipuram District.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus to direct the respondents to calculate the interest as admissible under Section 24 of the Tamil Nadu Highways Act, 2001, from the date of possession i.e. 26.06.2014 to 26.10.2017 and disburse the same in favour of the petitioners in respect of the acquisition of petitioner's land in S.Nos.195/43 and 195/5A3, measuring an extent of 19 sq.m. Vallam A Village Sriperumbudhur Taluk, Kanchipuram District. For Petitioner : Ms.S.Nandhini Devi for Mr.R.Subramanian For Respondents : Mr.P.Sathish, AGP
ORDER
The petitioner herein seeks a direction to the first respondent to calculate interest as admissbile under Section 24 of the Tamil Nadu Highways Act, 2001, from the date of taking possession, namely, 26.06.2014 to 26.10.2017, on the compensation amount fixed for the land acquired.
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2. It is the case of the petitioner that her land situate in Survey Nos.195/43 and 195/5A3 measuring an extent of 19 sq.mtrs. in Vallam A Village, Sriperumbudur Taluk, Kanchipuram District, was taken possession by the Government on 26.06.2014 for expansion of highways. Later-on, notification was issued under Section 15(2) of the Tamil Nadu Highways Act on 27.10.2017 for acquisition of the above said land. The respondent proceeded to fix compensation and paid interest from the date of notification issued under Section 15(2) of the Tamil Nadu Highways Act. However, in the case on hand, the petitioner's land was taken possession even prior to 15(2) notification, namely, on 26.06.2014. Therefore, the petitioner submitted a representation on 28.09.2023 seeking interest on the compensation amount from the date of taking possession, i.e., 26.06.2014, to the date of notification issued under Section 15(2) of the Tamil Nadu Highways Act i.e., 27.10.2017. The said representation has not been considered by the respondent till date. Therefore, the petitioner is before this Court.
3. Learned Additional Government Pleader appearing for the respondents would submit that the representation dated 28.09.2023 of 3/6
the petitioner will be considered on its own merits within the time stipulated by this Court.
4. In view of the same, this Court, without going into merits of the claim of the petitioner, directs the third respondent to consider the representation dated 28.09.2023 of the petitioner and pass final orders in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order. With this direction, the writ petition is disposed of. No Costs.
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1.The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 9.
2.The Commissioner, Land Administration, Chepauk, Chennai - 5.
3.The District Collector, Kanchipuram District.
4.The District Revenue Officer (LA), Kanchipuram District.
5.The Executive Director, NRIDC, LLA Building, Chennai - 2.
6.The Divisional Engineer, TNRIDC, LLA Building, Chennai - 2.
7.The Special Tahsildar, Land Acquisition, Oragadam Industries Infrastructure Scheme, Sriperumbudur, Kanchipuram District.
S.SOUNTHAR, J.
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