C.Venkateswara Rao v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.19314 of 2020 and WMP.No.23907 of 2020 C.Venkateswara Rao ... Petitioner Vs.
1.The Principal Secretary Government of Tamil Nadu Highways and Minor Port Department Fort St.George, Chennai - 600 009.
2.The District Collector Tiruvallur District Tiruvallur.
3.The Special District Revenue Officer (L.A) Tamil Nadu Road Sector Project-II Chennai - 600 032.
4.The Special District Revenue Officer (L.A.) Chennai Peripheral Ring Road Project Ambattur Industrial Estate Chennai - 600 058.
5.The Special Tahsildar North Port Access Road (NPAR) CPRR-Unit-I, Ponneri - 601 204 Tiruvallur District.
6.The Tamil Nadu Road Development Company Ltd., Rep. by its Directors No.171, II Floor, Tamil Nadu Maritime Board Building South Kesavaperumalpuram Pasumpon Muthuramalingam Road (Near Greenways Road, MRTS Station) Raja Annamalaipuram Chennai - 600 028.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the fourth respondent to consider the representation of the petitioner dated 27.08.2020 and to fix the market value of the petitioner's land comprised in wet Survey No.322/1, measuring to an extent of 5320 sq.mtrs (1.32 acres) out of total extent of
0.73.5 hectare (1.82 acres), situated at No.78, Anuppambattu-II Village, Ponneri Taluk, Tiruvallur District, which is under acquisition, strictly as per Sections 26 to 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to determine the compensation.
For Petitioner : Mr.V.Raghavachari for Mr.R.Munuswamy For Respondents: Mr.S.R.Rajagopal Additional Advocate General assisted by Mr.V.Anandamurthy, Government Advocate [RR1 to 5] Mr.M.Sivavarthanan [R6]
ORDER
The petitioner's property in Survey No.322/1 measuring an extent of 5320 sq. mtrs (1.32 acres) out of total extent of 0.73.5 hectares (1.82) in No.78, Anuppambattu-II Village, Ponneri Taluk, Tiruvallur District, has been notified for acquisition under the provisions of the Tamil Nadu Highways Act, 2001. The only prayer made by the petitioner is that a compensation be fixed in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. Today Mr.V.Anandamurthy, learned Government Advocate who has entered appearance for the respondents 1 to 5 made a statement on instructions that the land acquisition authority would only follow the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for determining the compensation. He also added that an award enquiry took place on 20.11.2020.
3. Now, the learned counsel for the petitioner would interject to make a statement that the property of the petitioner abets the main road, that it lies vacant, but still it is situated in a well developed locality where the adjoining properties are developed into layouts. The Land Acquisition Authority has fixed the value for the property abetting the main road at a reasonable cost, where the property of the petitioner was allocated much lower value when compared to other adjoining properties. Again there are instances where the value that the acquiring authority has fixed for the property abetting the main road is far less than the properties located in the interior area of the said locality.
4. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. The learned Government
Advocate has produced the copy of the proceeding of the third respondent dated 30.10.2020 addressed to the petitioner.
5. Without getting into the merits of the said statement, and inasmuch as no award has been passed yet, and since a communication is given that in the eventuality of the statement by the learned counsel for the petitioner are true, there is a potential possibility for breeding fresh set of litigation, this Court deems it appropriate that the petitioner may be given an opportunity to present whatever materials he has to justify his stand as to the value of his property.
6. When the matter came up before this Court on 11.01.2021, this Court required Mr.V.Anandamurthy, learned Additional Government Pleader to obtain necessary instructions in this regard. Today, the learned Additional Government Pleader makes a statement that the petitioner is being given an opportunity of hearing, and the hearing itself is scheduled to take place today and necessary notice has been served on the petitioner. He also added that except the petitioner herein, award has been passed to others who are similarly placed.
7. The learned counsel for the petitioner agrees with the statement that the petitioners have been served with notices today.
8. Inasmuch as the Land Acquisition Authority chose to grant one more opportunity to the petitioner to voice his grievance, this Court considers it is an appreciable act. This Court now requires the Land Acquisition Officer to apply his mind in determining the compensation payable to the petitioner and to pass an award within a period of twelve (12) weeks from the date of receipt of a copy of this order, however, subject to any time that may be lost in responsibilities assigned to the Land Acquisition Authority in connection with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021. Needless to mention that the Land Acquisition Officer may have to express his views on the materials if any provided by the petitioner.
9. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To:
1.The Principal Secretary Government of Tamil Nadu Highways and Minor Port Department Fort St.George, Chennai - 600 009.
2.The District Collector Tiruvallur District Tiruvallur.
3.The Special District Revenue Officer (L.A) Tamil Nadu Road Sector Project-II Chennai - 600 032.
4.The Special District Revenue Officer (L.A.) Chennai Peripheral Ring Road Project Ambattur Industrial Estate Chennai - 600 058.
5.The Special Tahsildar North Port Access Road (NPAR) CPRR-Unit-I, Ponneri - 601 204 Tiruvallur District.
6.The Director, Tamil Nadu Road Development Company Ltd., No.171, II Floor, Tamil Nadu Maritime Board Building South Kesavaperumalpuram Pasumpon Muthuramalingam Road (Near Greenways Road, MRTS Station) Raja Annamalaipuram Chennai - 600 028.
+1cc to Mr.R.Munuswamy, Advocate SR.NO..6990 +1cc to The Government Pleader SR.NO..7087 AKM/01.04.21/4P-9C/ W.P.No.19314 of 2020 08.02.2021