R.Kathirvelu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :29.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24821 of 2024 R.Kathirvelu .

..Petitioner Vs.

1. The District Collector Coimbatore District

2. The Land Acquisition Officer cum Special District Revenue Officer Land Acquisition cum Management Unit, Coimbatore South Taluk office campus,

3. The Special Tahsildar Land Acquisition Unit-1 Coimbatore South Taluk Office campus,

4. The Divisional Engineer (Highways) Construction and Maintenance, .Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to implement the West Ring Road to Coimbatore City project by adhering to the option of 1/6

alignment alternative-2 and to fix fair compensation in so far related to petitioners lands situated in S.F.Nos.215/1,215/2,216/1A, 216/1B, 216/4C in Pannimadi Village, Coimbatore North Taluk, Coimbatore District to the extent of 8331 Sq.mtrs in accordance with the provisions of Right to Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013, by considering the representation of the Petitioner dated 10.06.2024, within a time frame fixed by this Honble Court For Petitioner : M/s.S.Arjun For Respondents : P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to respondents to consider his representation dated 10.06.2024 seeking re-alignment of West Ring Road Project for Coimbatore City and also to fix the fair compensation in respect of petitioner's land situated in S.F.Nos.215/1, 215/2, 216/1A, 216/1B, 216/4C at Pannimadi Village, Coimbatore North Taluk, Coimbatore District.

2. According to the petitioner, he owns agricultural lands in the above mentioned survey numbers and the 2nd respondent issued notification for 2/6

acquiring portion of the above mentioned land for Coimbatore West Ring Road Project. Since the proposed road goes through the property of the petitioner by bisecting the same, the petitioner submitted a representation seeking re-alignment of the proposed road so as to minimize the damage to the crops and agricultural lands of the petitioner. The petitioner also sought for fixation of fair compensation as per the provisions of Right to Fair Compensation Act, 2013 by submitting a representation to the 2nd respondent on 10.06.2024. The said representation has not been considered by the 2nd respondent. Aggrieved by the same, the petitioner is before this Court.

3. The learned Additional Government Pleader, who is taking notice for all the respondents submitted that the alignment of the West Ring Road project has been finalised after consultation with the expert body and also taking into consideration the interest of the land owners affected by acquisition proceedings.

4. The petitioner submitted a representation seeking re-alignment of the proposed road pointing out the difficulties faced by him. He also suggested 3/6

alternative alignment in his representation. Therefore, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 10.06.2024 and pass final orders on its' own merits within a period of four weeks from the date of receipt of copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. 29.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The District Collector Coimbatore District

2. The Land Acquisition Officer cum Special District Revenue Officer Land Acquisition cum Management Unit, Coimbatore South Taluk office campus, 4/6

3. The Special Tahsildar Land Acquisition Unit-1 Coimbatore South Taluk Office campus,

4. The Divisional Engineer (Highways) Construction and Maintenance, 5/6

S.SOUNTHAR , J.

nr W.P No.24821 of 2024 29.08.2024 6/6