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Madras High CourtWP/26469/2022disposed of

Ilavarasi v. The District Collector

2022-09-30Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.25539 of 2022 1.Ilavarasi 2.R.Suresh 3.R.Santhosh Kumar 4.Rajeshwari .. Petitioners in W.P.No.26469 of 2022 B.Ramesh .. Petitioner in W.P.No.26481 of 2022 Vimala .. Petitioner in W.P.No.24683 of 2022 R.Radhakrishnan .. Petitioner in W.P.No.26486 of 2022

Versus

1.The District Collector Office of the District Collector Cuddalore District Cuddalore District .. Respondents in W.P.Nos.26469, 26481 & 26486 of 2022 1.The District Collector Office of the District Collector Kallakurichi District 1/5

Cuddalore District.

.. Respondents in W.P.Nos.26469, 26481 & 26486 of 2022 Prayer in W.P.No.26469 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider objection dated 10.02.2022 as per under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and refix the compensation amount by modifying the award No.23/2020, dated 25.02.2021 passed in proceedings of the 3rd respondent Na.Ka.No.A4/28/2018 in respect of the petitioner land concerned within a timeframe.

Prayer in W.P.No.26481 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider petitioner objection dated 03.02.2021 as per under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and refix the compensation amount by modifying the award No.23/2020, dated 25.02.2021 passed in proceedings of the 3rd respondent Na.Ka.No.A/35/2018 in respect of the petitioner land concerned within a timeframe. Prayer in W.P.No.26483 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider petitioner objection dated 29.04.

2022 as per under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and refix the compensation amount by modifying the award No.35/2020, dated 15.07.2021 passed in proceedings of the 3rd respondent Na.Ka.No.A4/20/2018 in respect of the petitioner land concerned within a timeframe. Prayer in W.P.No.26486 of 2022: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider petitioner objection dated 10.02.2022 as per under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and refix the compensation amount by modifying the award No.23/2020, dated 25.02.2021 passed in proceedings of the 3rd respondent Na.Ka.

No.A4/28/2018 in respect of the petitioner land concerned within a timeframe. For Petitioners : Mr.S.Vinoth Kumar (in all cases) For Respondents : Mrs.R.

COMMON ORDER These writ petitions are filed seeking for directing the 3rd respondent to consider representation of the petitioners' objections for reference under Section 20 of the Tamil Nadu Highways Act 2001, read with Section 64 of the Rights of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within the time limit to be fixed by this Hon'ble Court.

2. Heard learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. The petitioners' lands were acquired under the Tamil Nadu Highways Act 2001 and 15(2) notice were issued on 13.05.2020 and the awards were passed under Section 19(5) of the Act. Further, aggrieved by the award amount, the petitioners' made representations seeking for reference under Section 20 of the Act read with Section 64 of the Rights of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. which is pending without till date. Therefore, the first respondent is directed to consider the representations of the petitioners and refer the matters under Section 20 of the Tamil Nadu Highways Act 2001, read with Section 64 3/5

of the Rights of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of four weeks from the date of receipt of a copy of this Order.

4. Accordingly, these writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 30.09.2022 Index:Yes/No dhk M. DHANDAPANI, J.

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dhk To, 1.The District Collector Office of the District Collector Cuddalore District Cuddalore District 4.The District Collector Office of the District Collector Kallakurichi District WP.Nos.26469, 26481, 26483 & 26486 of 2022 30.09.2022 5/5