N.Rehana Begum, v. Special Tahsildar Land Acqusition,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2024
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA N.Rehana Begum ... Petitioner Vs.
1. Special Tahsildar Land Acquisition, Outer Ring Road Project (Ponneri Taluk).
CMDA - Unit - VI, Koyambedu, Chennai, Tamil Nadu - 600 092.
2. The Collector, Chennai - Tiruttani Highway, Thiruvallur - 602 001.
3. The Chairman, Chennai Metropolitan Development Authority, Koyambedu, Chennai, Tamil Nadu - 600 092.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents to determine the compensation payable for the residential plot bearing Plot.No.105, Vivekanandhar Nagar, Ponneri, Thiruvallur, comprised in S.Nos.65 and 67, as per Patta No.1578, S.No.65/39 and 67/42 of Attanthangal Village, Ponneri Page No. 1 of 4
Taluk, measuring 1815 Sq.ft., acquired in pursuant to the notice dated 13.11.2006 in Ref.No.Na.Ka.76/2005/m1 issued by the first respondent under Section 4 (1) of the Land Acquisition Act, 1894 for the formation of Outer Ring Road by the CMDA under the provisions of the Right To Fair Compensation and Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 and pay the compensation under the said Act. For Petitioner : Mr.R.Manickavel For R1 & R2 : Mr.R.Gokul Krishnan Additional Government Pleader For R3 : M/s.P.Veena Suresh
ORDER
This Writ Petition has been filed for a Mandamus to direct the respondents to determine the compensation payable for the residential plot bearing Plot.No.105, Vivekanandhar Nagar, Ponneri, Thiruvallur, comprised in S.Nos.65 and 67, as per Patta No.1578, S.No.65/39 and 67/42 of Attanthangal Village, Ponneri Taluk, measuring 1815 Sq.ft., acquired in pursuant to the notice dated 13.11.2006 in Ref.No.Na.Ka.76/2005/m1 issued by the first respondent under Section 4 (1) of the Land Acquisition Act, 1894 for the formation of Outer Ring Road by the CMDA under the provisions of the Right To Fair Compensation and Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 and pay the compensation under the said Act.
Page No. 2 of 4
2. When the matter was taken up for hearing it is submitted that the Award has been passed and therefore, the relief sought for in the present Writ Petition has become infructuous.
3. The learned counsel for the Petitioner on the other hand would submit that he came to know about the Award that has been passed only when the counter affidavit has been filed.
4. In view of the above, Writ Petition is disposed of by directing the Respondents to refer the matter to the Competent Court under the provisions of the Land Acquisition Act, 1894 as expeditiously as possible within a period of three (3) weeks from the date of receipt of a copy of this Order. No costs.
06.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 3 of 4
P.T.ASHA, J.
rgm To
1. The Special Tahsildar Land Acquisition, Outer Ring Road Project (Ponneri Taluk).
CMDA - Unit - VI, Koyambedu, Chennai, Tamil Nadu - 600 092.
2. The Collector, Chennai - Tiruttani Highway, Thiruvallur - 602 001.
3. The Chairman, Chennai Metropolitan Development Authority, Koyambedu, Chennai, Tamil Nadu - 600 092.
06.11.2024 Page No. 4 of 4