Madras High CourtWP/16634/2024disposed of

Ge Ar Ar Agricultrual Farms Pvt Ltd v. The Competent Authority

2024-07-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.18260 of 2024 GE AR AR Agricultural Farms Pvt. Ltd Rep by its Director Mr.R.Ramesh S/o.G.R.Raju 196, Tea Estate Compound Race Course, Coimbatore - 641 018 .. Petitioner

Versus

1. The Competent Authority & Special District Revenue Officer (Land Acquisition) National Highways 209 Dindigul District 2.The Project Director National Highways Authority Dindigul District, Salem 3.The Special Tahsildar National Highways 209 Pollachi, Coimbatore District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to serve the copy of the Award 10/2020 and the Additional Awards if any passed to the each of the Subject Sy. Nos.63, 64/1, 66/1, 66/3, 67/1, 67/3, 68/3, 135/2A1 and 135/4B situated in Gomangalam Pudur Village, Pollachi Taluk to the Petitioner company.

1/4

For Petitioner : Mrs.Chitra Sampath, Senior Counsel for M/s.P.Veena Suresh For Respondents : Mr.P.Sathish for R1 Additional Government Pleader Mr.Su.Srinivasan for R2 & R3

ORDER

By consent of both parties, this writ petition is taken up for final disposal.

2. This writ petition has been filed for a direction, directing the 1st Respondent to serve the copy of the Award 10/2020 and the Additional Awards if any passed to the each of the Subject Sy. Nos.63, 64/1, 66/1, 66/3, 67/1, 67/3, 68/3, 135/2A1 and 135/4B situated in Gomangalam Pudur Village, Pollachi Taluk to the Petitioner company.

3. It is the case of the writ petitioner that for the purpose of formation and widening of NH-209, the publication of acquisition was issued on 21.03.2018 under proceedings bearing Na.Ka.No.24/2017/A1/CU/2018 including the petitioner's land. The petitioner company did not have objection for the acquisition of land and was ready to receive the compensation. However, there was no proper assessment of the compensation and award has been passed dated 28.05.2021 in respect of S.No.68/3 and award copy has not 2/4

been served. Thus, it is the case that without serving a copy of the award and payment of compensation, possession is taken. Hence, this writ petition.

4. Heard both sides and perused the materials placed on record.

5. Considering the limited relief sought for in this writ petition, this Court without going into the merits of the case, directs the respondents to serve a copy of the award, additional award, if any within a period of 1 week from the date of receipt of a copy of this Order. It is also made clear that if any compensation determined in respect of the petitioner's land, the same shall be paid to the writ petitioner.

6. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition stands closed. 10.07.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR, J.

dhk To