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Madras High CourtWP/16080/2024disposed of

G.Gunasekaran v. The Principal Secretary

2024-07-11Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.16080 of 2024 & WMP.No.17590 of 2024 G.Gunasekaran .. Petitioner

Versus

1. The Principal Secretary, Transport Department, Secretariat, Chennai - 600 009.

2. The District Collector, District Collector Office, Coimbatore - 641 018.

3. The Special District Revenue Officer, Extension of Airport Runway at Coimbatore Airport, Coimbatore - 641 018.

4. The Special Tahsildar, Extension of Airport Runway at Coimbatore Airport, Collectorate, Coimbatore - 641 018.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent herein to determine the compensation amount for the petitioners land in S.F. no 666/2 and 668/ 3 G.K.R. Nagar Kalapatti Village Coimbatore District in an extent of 1976 Sq. Ft along with the building which was is in possession and enjoyment of the petitioner under section 26 to 30 of the Right to Fair 1/5

Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 213 (Act 30 of2013) or as per the terms of ordes passed by the Division Bench of this Honourable Court made in W.P. No 2116 of 2017 dated 18.08.2020 and to consider the representation dated 17.08.2022 given by the petitioner.

For Petitioner : Mr.N.Damodaran For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed to direct the second respondent to determine the compensation amount for the petitioner's land in S.F. no 666/2 and 668/3, G.K.R. Nagar Kalapatti Village Coimbatore District in an extent of 1976 Sq. Ft along with the building which was in possession and enjoyment of the petitioner under section 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 213 (Act 30 of2013) or as per the terms of orders passed by the Division Bench of this Court made in W.P. No 2116 of 2017 dated 18.08.2020 and to consider the representation dated 17.08.2022 given by the petitioner. 2/5

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the writ petitioner is that he purchased the subject property by way of the sale deed dated 14.06.1993 and revenue records are also in the name of the petitioner. While so, the second respondent issued notification to acquire the land of the petitioner for expansion of runway of the Coimbatore International Airport and respondents have also surveyed the property of the petitioner on 26.05.2015. However, they have not determined compensation for the land acquired from the petitioner. In this regard, the petitioner has made several representations to the second respondent, but no action has been taken by the respondents. Hence, the present Writ Petition.

5. The learned Special Government Pleader appearing for the respondents submitted that the Special District Revenue Officer vide proceedings in dated 04.07.2024 has determined a sum of Rs.81,23,495/- towards compensation for the land acquired from the petitioner and if the petitioner has any objection he can file an appeal before the District Collector 3/5

and a copy of the proceedings has also been produced before this Court.

6. In such view of the matter, it is for the petitioner to accept or challenge the same in the manner known to law.

7. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.07.2024 vrc Index :Yes/No Internet :Yes/No To,

1. The Principal Secretary, Transport Department, Secretariat, Chennai - 600 009.

2. The District Collector, District Collector Office, Coimbatore - 641 018.

3. The Special District Revenue Officer, Extension of Airport Runway at Coimbatore Airport, Coimbatore - 641 018.

4. The Special Tahsildar, Extension of Airport Runway at Coimbatore Airport, Collectorate, Coimbatore - 641 018.

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N. SATHISH KUMAR, J.

vrc W.P.No.16080 of 2024 11.07.2024 5/5