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Madras High CourtWP/15155/2020closed

D.Balajee v. The Principal Secretary

2021-02-22Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.15155 of 2020 D.Balajee ... Petitioner Vs 1.The Principal Secretary to Government State Highways & Minor Ports Department Government of Tamil Nadu Secretariat, Chennai - 600 009.

2.The Principal Secretary to Government Revenue Department Government of Tamil Nadu Secretariat, Chennai - 600 009.

3.The District Collector Thiruvallur District Thiruvallur - 601 204.

4.The District Revenue Officer Thiruvallur District Thiruvallur - 601 204.

5.The Tahsildar Ponneri Taluk Thiruvallur District.

6.The Divisional Engineer (State Highways) Thiruvallur Division, Thiruvallur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to immediately determine compensation payable to the petitioner in respect of the aforementioned acquired lands measuring 360 sq. mtrs., comprised in Survey No.296/2B & 510 sq.mtrs., comprised in Survey No.296/3A, both situated at Pandikavanoor Village, Ponneri Taluk, Thiruvallur District in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 or under any other equivalent or appropriate Act and pay the petitioner due compensation in tune with market value with solatium, interest, betterment charges etc.,

For Petitioner : Mr.N.R.Anantha Rama Krishnan For Respondents: Mr.V.Anandamurthy Additional Government Pleader [R1 to R6]

ORDER

Mr.V.Anandamurthy, learned Additional Government Pleader submitted that an award in this case has been passed and compensation amount has already been paid to the petitioner.

2. When the matter came up before this Court on 15.02.2021, the counsel for the petitioner submitted that, whereas the compensation was paid only for the lands and no compensation was awarded for the trees in the lands.

3. Today, the learned counsel for the petitioner would submit that the concerned Land Acquisition Authority has now made a statement that he would also consider the same and if required, would pass a supplementary award also for the trees. The learned counsel added that since the matter has been substantially complied by the authority concerned and since the authority has also taken up the responsibility to value the trees and pay the compensation for the same, this writ petition may be closed.

4. Recording the submissions of the learned counsel for the petitioner, this writ petition is closed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ds To:

1.The Principal Secretary to Government, State Highways & Minor Ports Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Principal Secretary to Government, Revenue Department, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

3.The District Collector, Thiruvallur District, Thiruvallur - 601 204.

4.The District Revenue Officer, Thiruvallur District, Thiruvallur - 601 204.

5.The Tahsildar, Ponneri Taluk, Thiruvallur District.

6.The Divisional Engineer (State Highways,) Thiruvallur Division, Thiruvallur.

+1cc to the Government Pleader Sr.10993 W.P.No.15155 of 2020 sky[co] srg 22/03/2021