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Madras High CourtWP/25843/2022disposed of

Madheena v. The District Collector

2022-09-27Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25843 of 2022 and W.M.P.No.24916 of 2022

1. Madheena

2. M. Banu Priya .. Petitioners Vs.

1. The District Collector, Coimbatore District, Collectorate Buildings, Coimbatore.

2. The District Revenue Officer, Airport Runway Expansion, Land Acquisition Officer, Collectorate Buildings Coimbatore 641 018.

3. The Special Tahsildar, Airport Runway Expansion, Collectorate Buildings,Coimbatore 641 018.

..Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the Respondents 1 to 3 to determine the compensation amount to the petitioners land in S.F.No.671/1 at Kalpatti village, Coimbatore District in accordance with Right to fair Compensation and transparency in land Acquisition Rehabilitation and Resettlement Act, 2013 and in accordance with the order of Division Bench made in W.P.No.2116 of 2017 order dated 18.08.2020 and dispose of the Representation dated 06.02.2022 and pass orders.

For Petitioner : Mr. P. Bagyalakshmi For Respondents : Mr.T.K.Saravanan Government Advocate

O R D E R

This writ petition is filed for issuance of Writ of Mandamus directing the Respondents 1 to 3 to determine the compensation amount to the petitioners land in S.F.No.671/1 at Kalapatti village, Coimbatore District in accordance with Right to fair compensation and transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 and in accordance with the order of Division Bench made in W.P.No.2116 of 2017 order dated 18.08.2020 and dispose of the Representation dated 06.02.2022 and pass orders.

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2. The facts of the case is that the subject land was acquired by the second Respondent and notification under Section 3(1) Tamil Nadu Acquisition of Land for Industrial Purposes Act 1997 Act 10 of 1999 has been issued on 21.08.2014. However till date compensation amount has not been paid. Hence the petitioner has filed this writ petition with the aforesaid prayer.

3. The learned counsel for the petitioner submits that it would be suffice if this Court issues direction to the second respondent to pass an award under Act 30 of 2013 and pass orders.

4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.

5. Considering the limited request made by the petitioner this Court without going into the merits of the case directs the second respondent to pass an award in terms of Land acquisition, Rehabilitation and Resettlement Act 30 of 2013 after affording opportunity to the 3/5

petitioner as well as the counter parties, if any, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, if the award has not been passed.

6. With the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently the connected miscellaneous petition is closed.

27.09.2022 smn Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The District Collector, Coimbatore District, Collectorate Buildings, Coimbatore.

2. The District Revenue Officer, Airport Runway Expansion, Land Acquisition Officer, Collectorate Buildings Coimbatore 641 018.

3. The Special Tahsildar, Airport Runway Expansion, Collectorate Buildings,Coimbatore 641 018 | 4/5

M.DHANDAPANI,J.

smn W.P.No.25843 of 2022 and W.M.P.No.24916 of 2022 27.09.2022 5/5