A.C.Murugan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.22997 of 2021 A.C. Murugan,
...Petitioner
-Vs1. The District Collector, Chengalpattu District, Chegalpattu.
2. The Regional Officer, National Highways Authority of India, No.D.P.34, Sri Towers South Phase, Chennai - 600 032.
3. The Project Director, National Highways Authority of India, NH-332A(ECR Road Widening Project) No.19, West Tambaram, (Near National Theatre), Tambaram, Chennai - 600 045.
4. The Special District Revenue Officer, (Land Acquisition) NH-332A(ECR Road Widening Project) Chengalpattu District, Chegalpattu.
5. The Special Tahsildar, (Land Acquisition), NH-332A(ECR Road Widening Project) Chengalpattu District, Chegalpattu.
...Respondents
PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 13.09.2021 and pass appropriate orders communicating the award for compensation in respect of the lands of the petitioner acquired under the Gazette Notification in S.O.2864 (E) dated 29.07.2019 by the Ministry of Road Transport and Highways, Government of India for East Coast Expressway under Section 3D(2) of the National Highways Act, 1956 in respect of Survey Nos.274/4A, measuring Acre 0.12 cents, 274/3, measuring Acre 0.11 cents, 274/10, measuring Acre 0.03 cents and 274/11A measuring Acre 0.02 cents at Paramankeni Village, Cheyyur Taluk, Chengalpattu District and direct the payment of
compensation as per law within a time frame fixed by this Hon'ble Court and pass appropriate orders accordingly. For Petitioner :: Mr. K. Sathyamurthi For Respondents1,4&5:: Mr.V. Veluchamy (Government Advocate) For Respondents2&3 :: Mr. Su. Srinivasan (Standing Counsel for NHAI)
O R D E R
The relief sought for in this writ petition is for a direction to the the respondents to consider the representation of the petitioner dated 13.09.2021 and pass appropriate orders communicating the award for compensation in respect of the lands of the petitioner acquired under the Gazette Notification in S.O.2864 (E) dated 29.07.2019 by the Ministry of Road Transport and Highways, Government of India for East Coast Expressway under Section 3D(2) of the National Highways Act, 1956 in respect of Survey Nos.274/4A, measuring Acre 0.12 cents, 274/3, measuring Acre 0.11 cents, 274/10, measuring Acre 0.03 cents and 274/11A measuring Acre 0.02 cents at Paramankeni Village, Cheyyur Taluk, Chengalpattu District and direct the payment of compensation as per law within a time frame fixed by this Hon'ble Court and pass appropriate orders accordingly.
2. Heard the learned counsel for the petitioners and the learned Government Advocate as well as perused the material available on records.
3. Having considered the facts and circumstances of the case and submissions of the learned counsel on either side, it is seen that a letter reference No.NHAI/1104/3/2018/PIU.Kanchee/ 2810 dated 24.09.2021 has been sent by the Project Director, PIU-Kancheepuram to the Special District Revenue Officer(LA-NH) Kancheepuram addressing copy to the petitioner herein that in this regard, the Special District Revenue Officer, (LA-NH), is appointed as Competent Authority for acquisition of land for the said project as per section 3(a) of National Highways Act, 1956. So, it is requested to take necessary action on the petition and inform the petitioner accordingly.
4. In the event of communication of the Project Director in this regard, to the Competent Authority & Special District Revenue Officer, (LA-NH), Kancheepuram, the Competent Authority & Special District Revenue Officer/4th respondent herein is directed to consider the petitioner's representation dated 13.09.2021 and pass appropriate orders on it within a period of
twelve weeks from the date of receipt of copy of this order in accordance with law after affording sufficient opportunity to the petitioner herein.
5.With the aforesaid directions, the present Writ petition is disposed of. Consequently, connected miscellaneous petition is closed if any. There shall be no order as to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Lbm To:
1. The District Collector, Chengalpattu District, Chegalpattu.
2. The Regional Officer, National Highways Authority of India, No.D.P.34, Sri Towers South Phase, Chennai - 600 032.
3. The Project Director, National Highways Authority of India, NH-332A(ECR Road Widening Project) No.19, West Tambaram, (Near National Theatre), Tambaram, Chennai - 600 045.
4. The Special District Revenue Officer, (Land Acquisition) NH-332A(ECR Road Widening Project) Chengalpattu District, Chegalpattu.
5. The Special Tahsildar, (Land Acquisition), NH-332A(ECR Road Widening Project) Chengalpattu District, Chegalpattu.
+1cc to Mr.Su.Srinivasan, Advocate, S.R.No.55624 +1cc to the Government Pleader, S.R.No.55624 W.P. No.22997 of 2021 SMI(CO) RGA(07/01/2022)