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Madras High CourtWP/16215/2021disposed of

P.Damodharan, v. The District Collector

2021-08-04Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.Nos.16215, 16218, 16222, 16227, 16230, 16232 & 16235 of 2021 [Video Conferencing] P.Damodharan ... Petitioner in W.P.No.16215/2021 M.P.Venkatesan ... Petitioner in W.P.No.16218/2021 M.Vardharaj ... Petitioner in W.P.No.16222/2021 Jeeva ... Petitioner in W.P.No.16227/2021 P.Vijayakumar ... Petitioner in W.P.No.16230/2021 Govindaraj ... Petitioner in W.P.No.16232/2021 Valliamma ... Petitioner in W.P.No.16235/2021

Versus

1. The District Collector Tiruvallur District, Tiruvallur.

2. The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways Authority, 3 and 4 Lal Bagudhar Sastri Street, Periakuppam, Tiruvallur District.

... Respondents in all W.Ps Prayer in W.P.No.16215/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 24.08.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 156 Square Meters of Survey No.26/6B6 and 26/6B13A, Pattabiramapuram, Tiruttani Taluk, Tiruvallur District, land acquired from the petitioner from Rs.2367 to Rs.8815.72 per square meter.

Prayer in W.P.No.16218/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 25.06.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 240 Square Meters of Survey No.79/2, Pattabiramapuram, Tiruttani Taluk, Tiruvallur District, land acquired from the petitioner from Rs.2,259/- to Rs.8815.72 per square meter. Prayer in W.P.No.16222/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 19.06.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 478 Square Meters of Survey No.6/3A2 and 6/3B2, Pattabiramapuram, Tiruttani Taluk, Tiruvallur District, land acquired from the petitioner from Rs.2,259/- to Rs.8815.72 per square meter.

Prayer in W.P.No.16227/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 25.06.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 150 Square Meters in Survey No.6/7A, Pattabiramapuram, Tiruttani

Taluk, Tiruvallur District, land acquired from the petitioner from Rs.2,259/- to Rs.8815.72 per square meter. Prayer in W.P.No.16230/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 19.06.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 300 Square Meters of Survey No.85/1A, Pattabiramapuram, Tiruttani Taluk, Tiruvallur District, land acquired from the petitioner from Rs.2,259/- to Rs.8815.72 per square meter. Prayer in W.P.No.16232/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 19.06.

2018 to enhance the compensation amount by re-determine the market value of the entire extent of 249 Square Meters land in Survey No.25/4A1B, acquired from the petitioner from Rs.2,259/- to Rs.8815.72 per square meter. Prayer in W.P.No.16235/2021: - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the first respondent to consider the petitioner's representation dated 27.11.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 452 Square Meters in Survey No.12/1A2B and 12/8B1B Pattabiramapuram, Tiruttani Taluk, Tiruvallur District, land acquired from the petitioner from Rs.2,259/- to Rs.8815.72 per square meter.

For Petitioners in all W.Ps :

Mr.K.Sudalai Kannu For Respondents in all W.Ps :

Mr.Yogesh Kannadasan Government Advocate COMMON ORDER (1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of the respondents.

(2) A common order is passed in all the writ petitions as the issue involved and to be adjudicated, is one and the same. (3) The writ petitioners have given representations dated 24.08.2018, 25.06.2018, 19.06.2018, 25.06.2018, 19.06.2018, 19.06.2018, 27.11.2018 respectively in each one of the writ petitions aforementioned, seeking enhancement of compensation. The said representations had been given to the office of the District Collector at Tiruvallur District.

(4) It is the contention of the learned counsel for the petitioners that Acquisition Proceedings had commenced and the same also ended. But rather, unfortunately the compensation amount is highly disproportionate to the compensation granted to similarly placed persons whose lands, which were also similarly placed, were acquired in the said proceedings. This necessitated issuance of such representations by the writ petitioners seeking enhancement.

(5) But it would only be appropriate that a fresh representation is given enclosing earlier representations to the very same office, viz., the office of the District Collector, Tiruvallur District. Let me not go more deeper into the facts. It is also informed that the Arbitration Proceedings had not yet commenced.

(6) Be that as it may, within a period of three weeks from this date, let fresh representations be given by the writ petitioners enclosing earlier representations to the District Collector, Tiruvallur District/1st respondent herein and on receipt of the same, an obligation is placed on the District Collector, Tiruvallur District to pass considered orders on the same after issuing notice and examining the records and if necessary, hear the writ petitioners within a period of twelve further weeks.

(7) With the above said direction, the writ petitions stand disposed of. No costs.

Sd/- Assistant Registrar (CS-IV) // True Copy // Sub Assistant Registrar AP To:

1. The District Collector Tiruvallur District, Tiruvallur.

2. The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways Authority, 3 and 4 Lal Bagudhar Sastri Street, Periakuppam, Tiruvallur District.

+7cc to Mr.K.Sudalai Kannu, Advocate, S.R.No.38130 to 38135 and 38142 +1cc to the Government Pleader, S.R.No.38832 WP.Nos.16215, 16218, 16222, 16227, 16230, 16232 & 16235 of 2021 RSI(CO) B.VC(27/08/2021)