C.M.Vijayalakshmi v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.14997 of 2021 C.M.Vijayalakshmi ... Petitioner Vs.
1.The Secretary to the Government, State Secretariat, Chennai.
2.The District Collector, Chengelpet District, Chengelpet.
3.The Superintendent Engineer, 4.The Executive Engineer, 5.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Office of the Assistant Executive Engineer, Transmission Line Construction, Maraimalai Nagar - 603 209.
... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 31.03.2018, 18.01.2021 and pass necessary order and issue for proper compensation for the land acquired in the petitioner's land in S.No.220/2 situated at Valla Village, Chengalpet Taluk, Kanchipuram District.
For Petitioner : Mr.R.Harinath For R1&R2 : No appearance For R3 to R5 : Mr.D.R.Arunkumar Standing Counsel for TANGEDCO
ORDER
The writ of mandamus has been instituted to direct the respondents to pay compensation to the petitioner, by considering her representations dated 31.03.2018 and 18.01.2021, for acquiring the land belonging to the petitioner situated in S.No.220/2, Valla Village, Chengalpet Taluk, Kanchipuram District.
2.
Learned Counsel for the petitioner, Mr.R.Harinath would submit that the respondents have erected the High Tension Electricity
Towers in the land belonging to the petitioner. Though the land was acquired for erection of Electricity tower, the respondents have not settled the compensation as per the provisions of the Act. In this regard, the petitioner has submitted a representation to the District Collector under the provisions of the Telegraph Act and the said representation was not considered. Thus, the present writ petition came to be instituted. 3.
Right to property is a Constitutional right under Article 300-A of the Constitution of India. Property right can be deprived only by the Authority of law. Thus, acquisition of land requires payment of compensation without causing undue delay. Once the lands are acquired for public purposes, the respondents are bound to pay the compensation in accordance with the provisions of the statues. As far as the erection of high tension electricity tower is concerned, owners of the land are entitled for compensation. Therefore, the said right cannot be denied. Learned Counsel for the petitioner further states that the erection of tower has already been completed.
4.
That being the factum, the respondents are directed to settle the compensation to the petitioner, as applicable under the provisions of the Act along with admissible interest within a period of eight (8) weeks from the date of receipt of a copy of this order.
5.
Accordingly, the Writ Petition stands allowed. No costs. 08.02.2024 veda Index : yes/no Speaking order/Non-speaking order : yes/no To 1.The Secretary to the Government, State Secretariat, Chennai.
2.The District Collector, Chengelpet District, Chengelpet.
3.The Superintendent Engineer,
4.The Executive Engineer, 5.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Office of the Assistant Executive Engineer, Transmission Line Construction, Maraimalai Nagar - 603 209.
S.M.SUBRAMANIAM, J.
veda 08.02.2024