K. Chandran v. Union Of India
In the High Court of Judicature at Madras Dated : 30.4.2025 Coram :
The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.16346 of 2025 K.Chandran
...Petitioner
Vs 1.The Union of India, rep.by its Secretary to the Government of India, Ministry of Road Transport & Highways, Transport Bhavan, No.1, Parliament Street, New Delhi-110001.
2.The Chairman, National Highways Authority of India, G5 & G6, Sector 10, Dwaraka, New Delhi.
110075.
3.The Project Director, Project Implementation Unit, No.1/54 - 28, Butt Road, St.Thomas Mount, Near Kathipara Junction, Chennai-16.
4.The District Collector-cum- Arbitrator under the National Highways Act, Collectorate, 1/6
5.The Special District Revenue Officer (LA) & Competent Authority under the National Highways Act, 1956,
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th & 5th respondents to pass an appropriate order to pay solatium to the petitioner to the tune of 30% from the total quantified compensation of Rs.5,02,72,780/- as per Section 23(2) of the Land Acquisition Act, 1984 and along with interest at 9% per annum from the date of award to the date of actual payment of solatium in respect of the petitioner's land to an extent of 917 square meters in survey Nos.10/2, 11 & 31/2 of Tambaram Village, Chengelpattu District acquired for the purpose of widening the NH - 45 in compliance with the judgment of the Supreme Court in the case of Union of India Vs. Tarseem Singh. For Petitioner :
Mr.J.Hudson Samuel for M/s.Paul & Paul For R1 :
Mr.S.V.D.Rajendra Prasad, CGSC For R2 & R3 :
Mrs.S.R.Sumathy, Standing Counsel For R4 & R5 :
Mr.P.Sathish, AGP 2/6
ORDER
This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing respondents 4 and 5 to pass orders by paying solatium to the petitioner as per Section 23(2) of the Land Acquisition Act, 1894 along with 9% interest per annum from the date of the award.
2. Heard both.
3. It is not in dispute that the Special District Revenue Officer (LA), National Highways, Kancheepuram & Tiruvallur Districts at Kancheepuram already passed an order dated 08.1.2014 and aggrieved by that, the petitioner filed an appeal/claim petition dated 13.8.2020 before the fourth respondent under Section 3G(5) of the National Highways Act. But, the same is still pending. In view of the judgment of the Hon'ble Apex Court in the case of Union of India Vs. Tarsem Singh [reported in 2025 INSC 146], the petitioner is entitled to the payment of solatium and interest. 3/6
4. In the light of the fact that the appeal/claim petition is now pending before the fourth respondent, the writ petition is disposed of with a direction to the fourth respondent to award solatium and interest payable to the petitioner while dealing with the appeal/claim petition dated 13.8.2020 made by the petitioner seeking for enhancement of compensation and pass final orders within a period of eight weeks from the date of receipt of a copy of this order after affording an opportunity to the second respondent. No costs. 30.4.2025 To 1.The Secretary to Government of India, Ministry of Road Transport & Highways, Transport Bhavan, No.1, Parliament Street, New Delhi-110001.
2.The Chairman, National Highways Authority of India, G5 & G6, Sector 10, Dwaraka, New Delhi.
110075.
3.The Project Director, Project Implementation Unit, No.1/54 - 28, Butt Road, St.Thomas Mount, Near Kathipara Junction, Chennai-16.
4/6
4.The District Collector-cum- Arbitrator under the National Highways Act, Collectorate, 5.The Special District Revenue Officer (LA) & Competent Authority under the National Highways Act, 1956, RS 5/6
N.ANAND VENKATESH,J RS W.P.No.16346 of 2025 30.4.2025 6/6