M.Indra v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos. 20831 and 20833 of 2021 M.Indra ... Petitioner in W.P.No.20831 of 2021 M.Mahesh ... Petitioner in W.P.No.20833 of 2021 -Vs1. Union of India, Represented by its Secretary, Ministry of Road, Transport and Highways, New Delhi.
2. The Project Director, National Highways Authority, Villupuram.
3. The Competent Authority / Special District Revenue Officer, (Land Acquisition) National Highways-45-A, Cuddalore.
4. The District Collector, Gundu Salai Road, Manjakuppam, Cuddalore - 607001.
... Respondents (In both W.Ps) Prayer W.P.No.20831 of 2021 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the fourth respondent to conduct a detailed enquiry in respect of property situated in New Survey No.98/6, Nathapattu Village, Cuddalore Taluk and award compensation as per the guideline value prevailed at the time of acquisition plus solatium and interest within a time frame fixed by this Hon'ble Court.
Prayer W.P.No.20833 of 2021 :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a
Writ of Mandamus, directing the fourth respondent to conduct a detailed enquiry in respect of property situated in New Survey No.5/3, Nathapattu Village, Cuddalore Taluk and award compensation as per the guideline value prevailed at the time of acquisition plus solatium and interest within a time frame fixed by this Hon'ble Court.
For Both W.Ps For Petitioners : Mr.Jerry V.V.Sundar For R1, R3 and R4 : Mr.M.Muthusamy Government Advocate For R2 : M/s. S.R.Sumathy COMMON ORDER These Writ Petitions have been filed for the issuance of Writ of Mandamus, directing the fourth respondent to conduct a detailed enquiry in respect of properties situated in New Survey No.98/6 and in Survey No.5/3 Nathapattu Village, Cuddalore Taluk and award compensation as per the guideline value prevailed at the time of acquisition plus solatium and interest within a time frame fixed by this Hon'ble Court. 2.Heard Mr.Jerry V.V.Sundar, learned counsel appearing for the petitioners, Mr.M.Muthusamy, learned Government Advocate appearing for the respondents 1, 3 and 4 and M/s. S.R.Sumathy, learned counsel appearing for the second respondent. 3.
The petitioners owned properties comprised in New Survey No.98/6 and Survey No.5/3, situated at Village No.27, Nathapattu, Cuddalore District. While being so, the subject properties were acquired for expansion of National Highways 45-A and for laying bye-pass road (Villupuram-Puducherry-CuddaloreNagapattinam Section). 4.The third respondent had passed an award and aggrieved by the same, the petitioners preferred an appeal before the fourth respondent for enhancement of compensation. It is still pending for consideration.
5.Considering the same, the fourth respondent is directed to conduct enquiry, after giving an opportunity of hearing to the petitioners and pass an award in respect of the
subject properties comprised in New Survey No.98/6 and Survey No.5/3, situated at Village No.27, Nathapattu, Cuddalore District, within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above directions, both the writ petitions are disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Mn To
1. The Secretary, Union of India, Ministry of Road, Transport and Highways, New Delhi.
2. The Project Director, National Highways Authority, Villupuram.
3. The Competent Authority / Special District Revenue Officer, (Land Acquisition) National Highways-45-A, Cuddalore.
4. The District Collector, Gundu Salai Road, Manjakuppam, Cuddalore - 607001.
+2cc to Mr.R.Rajesh Vivekananthan, Advocate SR.No.499, 500 +1cc to the Government Pleader SR.No.621 W.P.Nos. 20831 and 20833 of 2021 BP(CO) GN(25/01/2022)