Sarojini Varadarajan v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sarojini Varadarajan ... Petitioner vs.
1.The Secretary to Government, Ministry of Transport and National Highways, Central Secretariat, No.234, South Block, Delhi.
2.The Competent Authority and Special District Revenue Officer(L.A), National Highways-332A, Kancheepuram and Tiruvallur District, Kancheepuram - 600 045.
3.National Highways Authority of India, Project Implementation Unit (PIU), No.41/8A, 2/285, Second Floor, Velachert - Tambaram Main Road, Santhoshapuram, Medavakkam, Chengalpattu - 600 073.
... Respondents Prayer: Writ Petition filed under Article 227 of Constitution of India, to issue a Writ of Certiorarified Mandamus directing the 2nd respondent to consider 1/6
the representation dated 05.06.2023 issued by this writ petitioner and pass orders on merits within a reasonable time frame fixed as may be fixed by this Court.
For Petitioner : Ms.R.V.Gayatri For Respondents : Mr.V.Ashok Kumar, GCC for R1 Mr.SU.Srinivasan Standing Counsel for R3 Mr.A.Selvendran Special Government Pleader for R2
O R D E R
The petitioner herein seeks a direction to the second respondent to consider the representation dated 05.06.2023 and pass final order within time fixed by this Court.
2. According to the petitioner, she is the absolute owner of the property in Punja Survey Nos.1031/8, 1031/2B/3 and 1031/2C situated at Parandur Village, Kancheepuram Taluk and without notice to the petitioner, the property has been acquired by the respondents. The petitioner after came to know about the acquisition proceedings submitted a representation before the respondents on 05.06.2023, seeking recall of award, 2/6
if any, passed in respect of the subject property and also consider the request of the petitioner to pass fresh award giving proper compensation under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The said representation has not been considered. Hence the petitioner has come before this Court.
3. When the writ petition is taken up for hearing, the learned counsel appearing for the respondent submitted that the award copy was already served on the petitioner and if the petitioner has got any grievance on quantum of compensation, he has to file appropriate application seeking enhancement of the compensation.
4. The learned counsel appearing for the petitioner submits that the copy of the award was served on the petitioner only on 31.05.2024.
5. In view of the submission made by the learned counsel for the petitioner that award copy was served on the petitioner only on 3/6
31.05.2024, it is always open to her to challenge the award in the manner known to law, if the petitioner has got any grievance with regard to the quantum of compensation fixed by the competent authority. As far as the payment of compensation already fixed to the petitioner is concerned, it is for the petitioner to approach the second respondent, establish her right over the property and receive the compensation award.
6. With this clarification, this writ petition is disposed of. No costs.
18.09.2024 Index : Yes / No Speaking order : Yes / No : Yes / No ub 4/6
To 1.The Secretary to Government, Ministry of Transport and National Highways, Central Secretariat, No.234, South Block, Delhi.
2.The Competent Authority and Special District Revenue Officer(L.A), National Highways-332A, Kancheepuram and Tiruvallur District, Kancheepuram - 600 045.
3.National Highways Authority of India, Project Implementation Unit (PIU), No.41/8A, 2/285, Second Floor, Velachert - Tambaram Main Road, Santhoshapuram, Medavakkam, Chengalpattu - 600 073.
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S.SOUNTHAR, J.
ub 18.09.2024 6/6