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Madras High CourtWP/21768/2021disposed of

V.Vasantha v. The Collector Of Chennai

2021-10-07Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.21768 OF 2021 V.Vasantha

...Petitioner

Versus

1. The Collector of Chennai Cum Land Acquisition Officer for Southern Sector of Inner Ring Road Scheme, Phase - II Singaravelan Maligai, Rajai Salai, Chennai - 600 001.

2. The Special Tahsildar (LA) Highways I.R.R.Scheme, Mambalam Guindy Taluk E Southern Sector of Inner Ring Road, Scheme, Phase - II @ Collectorate, Singaravelan Maligai, Rajaji Salai, Chennai - 600 001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to refer the dispute of fixing the correct market value to the competent civil court in respect of petitioner's land acquired from her in Survey No.710/7 PART, ReSurvey No.710/74 measuring an extent of 3/4 Cent (326.6 sq.ft.) at Velacherry Village, Mambalam-Guindy Taluk, Chennai, for the formation of Southern-Sector Inner Ring Road - Phase II as per Section 20 of Tamil Nadu Highways Act 2001, written request made to the respondents herein on 14.12.2009 and subsequent representation sent to the respondents herein on 06.08.2016 by the petitioner herein or to direct the respondents herein to implement the final order passed in the batch of cases in CRP.Nos.1413 of 2020, etc., on 01.10.2020 of this Court, the above said batch of CRP's by partly confirming the award passed

by the reference court enhancing the compensation from Rs.102/- Per Sq.ft. to Rs.1655/- per sqft., with all statutory benefits. For Petitioner : Mr.K.M.Venugopal For Respondents : Mr.V.Veluchamy Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to refer the dispute of fixing the correct market value to the competent civil court in respect of petitioner's land acquired from her in Survey No.710/7 PART, Re-Survey No.710/74 measuring an extent of 3/4 Cent (326.6 sq.ft.) at Velacherry Village, Mambalam-Guindy Taluk, Chennai, for the formation of Southern-Sector Inner Ring Road - Phase II as per Section 20 of Tamil Nadu Highways Act 2001, written request made to the respondents herein on 14.12.2009 and subsequent representation sent to the respondents herein on 06.08.2016 by the petitioner herein or to direct the respondents herein to implement the final order passed in the batch of cases in CRP.Nos.1413 of 2020, etc., on 01.10.2020 of this Court, the above said batch of CRP's by partly confirming the award passed by the reference court enhancing the compensation from Rs.102/- Per Sq.ft. to Rs.1655/- per sqft., with all statutory benefits.

2. According to the petitioner, the property in Survey No.710/7 PART, Re-Survey No.710/74 measuring to an extent of 3/4 Cent (326.6 sq.ft.) at Velacherry Village, Mambalam-Guindy Taluk, Chennai, had been acquired by the respondents under Section 15(2) of Tamil Nadu Highways Act, 2001 on 18.12.2003 and the same was confirmed by declaration made under Section 15(1) of Tamil Nadu Highways Act on 08.09.2004 and published in Tamil Nadu Government Gazzette No.35, Part-II, Section 2, dated 08.02.2004 and the land was vested upon the Government under Section 16(1) of Tamil Nadu Highways Act on 08.01.2004 onwards and the possession of the claimants' land was taken away by the Authorities on 01.10.2005. Similarly, the petitioner's another part of land in Survey No.710/1F Part measuring to an extent of 1/2 Cent (217.7 Sq.ft.,) had been acquired as per above said same notification. Thereafter, the common award was passed vide

Award No.2/2009 on 21.10.2009 in respect of the acquisition of all the lands belonging to all the land loosers at Velachetry for the purpose of road widening, fixing throw away, dismal and eyewash compensation at the rate of Rs.102/- Per Sq.ft., with intention of mere expropriation for the property of all the land loosers. Based on the common award, the 2nd respondent passed an award to the individual land loosers in accordance with the extent of land acquired in different Survey Numbers in different area owned at Velacherry belonging to different land loosers. Thereafter, he had sent a written representation to the respondents to refer the dispute of fixing the correct market value before the competent civil Court under Section 20(1) of the Tamil Nadu Highways Act, 2001, the reference was also made to the civil Court in LAOP.No.

6 of 2014 on the file of VI Assistant City Civil Judge, Chennai, and the learned Reference Court enhanced compensation from Rs.102/- Per Sq.ft., to Rs.1,800/- Per Sq.ft., with all statutory benefits and interest. Subsequently, the respondents had preferred an appeal before this court in the batch of CRP.Nos.1413, 1415 to 1425 and 1432 to 1441 of 2020 and the same was disposed on 01.10.2020 after modifying the award passed by the Reference Court as enhancing the compensation from Rs.102/- per Sq.ft., to Rs.1655/- per Sq.ft., with all statutory benefits. While so, no reference was made to the competent civil Court in respect of the petitioner's another part of acquired land in Survey No.710/7 PART, Re-Survey No.710/74 measuring to an extent of 3/4 Cent (326.6 sq.ft.)

at Velacherry Village, Mambalam-Guindy Taluk, Chennai in the very same notification under Tamil Nadu Highways Act. Though the petitioner sent a representation dated 14.12.2009 before the respondents through RPAD requesting them to refer the dispute of fixing the correct market value to the competent civil Court and the same was acknowledged by them, but the respondents did not take any action. Therefore, he sent another representation dated 06.08.2016 through RPAD before the respondents, till date no action has been taken for referring the dispute of fixing the correct market value to the competent civil Court, which is a violation of Article 14, 21 and 300A of the Constitution of India. Hence, the petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction

is issued to the respondents to consider the petitioner's representations dated 14.12.2009 and 06.08.2016 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's representations dated 14.12.2009 and 06.08.2016 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and necessary parties concerned within a period of three months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar gba To 1.

The Collector of Chennai Cum Land Acquisition Officer for Southern Sector of Inner Ring Road Scheme, Phase - II Singaravelan Maligai, Rajai Salai, Chennai - 600 001. 2.

The Special Tahsildar (LA) Highways I.R.R.Scheme, Mambalam Guindy Taluk E Southern Sector of Inner Ring Road, Scheme, Phase - II @ Collectorate, Singaravelan Maligai, Rajaji Salai, Chennai - 600 001. +1cc to Mr.K.M.Venugopal, Advocate, S.R.No.52653 W.P.No.21768 of 2021 PVS(CO) RLP(22/11/2021)