P.Murugesa Reddy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN [Video Conferencing] P.Murugesa Reddy ... Petitioner in W.P.No.16197/2021 M.Sivakumar ... Petitioner in W.P.No.16201/2021 Sundarambal ... Petitioner in W.P.No.16202/2021 Balrama Naidu ... Petitioner in W.P.No.16204/2021 Moorthy ... Petitioner in W.P.No.16206/2021 C.Munisekar ... Petitioner in W.P.No.16208/2021

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.16197/2021: - 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 16.12.2013 to enhance the compensation amount by re-determine the market value of the entire lands in Survey Nos.27/25A1B, 27/26A1 of 22 to an extent of 450 square meters, 50/8A, 50/13C, 51/13A measuring an extent of 500, 100, 25 and 185 square meters respectively in totally 810 square meters, 50/12B, 51/19c of 22 to an extent of 800 Square Meters, 50/7C of 22 to an extent of 78 square meters, 50/9B of 22 to an extent of 550 square meters, 51/15A to an extent of 108 square meters, 51/18B1 of 22, to an extent of 0.40 cents acquired from the petitioner from Rs.2259 to Rs.8815.72 per square meter. Prayer in W.

P.No.16201/2021: - 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 12.02.2018 to enhance the compensation amount by re-determine the market value of the entire extent of 40 Square Meters of Survey No.51/18B1 No.22, Pattabiramapuram Village of Tiruttani Taluk of Tiruvallur District acquired from the petitioner from Rs.538 to Rs.8815.72 per square meter. Prayer in W.P.No.16202/2021: - 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 23.08.2017 to enhance the compensation amount by re-determine the market value of the entire extent of 114 Square Meters land in Survey No.26/6B9 of No.

22, Pattabiramapuram Village of Tiruttani Taluk of Tiruvallur District acquired from the petitioner from Rs.538 to Rs.8815.72 per square.

Prayer in W.P.No.16204/2021: - 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 09.11.2017 to enhance the compensation amount by re-determine the market value of the entire extent of 131 Square Meters land in Survey No.26/6B2 of No.22, Pattabiramapuram village of Tiruttani Taluk of Tiruvallur District acquired from the petitioner from Rs.2367 to Rs.8815.72 per square meter. Prayer in W.P.No.16206/2021: - 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 13.10.

2017 to enhance the compensation amount by re-determine the market value of the entire extent of 100 Square Meters for the land in Survey No.50/8A of No.22, Pattabiramapuram village of Tiruttani Taluk of Tiruvallur District acquired from the petitioner from Rs.2259 to Rs.8815.72 per square meter. Prayer in W.P.No.16208/2021: - 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 23.08.2017 to enhance the compensation amount by re-determine the market value of the entire extent of 100 Square Meters land in Survey No.25/3C1B of No.22, Pattabiramapuram village of Tiruttani Taluk of Tiruvallur District acquired from the petitioner from Rs.2259 to Rs.8815.72 per square meter. For Petitioners in all W.

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 16.12.2013, 12.02.2018, 23.08.2017, 09.11.2017, 13.10.2017 and 23.08.2017 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. But, it is also informed that the Arbitration Proceedings had been initiated ; but award has not yet been granted.

(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.

04.08.2021 AP Internet : Yes

C.V.KARTHIKEYAN, J., 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.

WP.Nos.16197, 16201, 16202, 16204, 16206 & 16208/2021 04.08.2021