S.Ekambaram v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16-03-2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.5450 TO 5453 OF 2016 1.S.Ekambaram 2.E.Sengutuvan 3.Pramila Hari 4.Sankar 5.Christian Assembly, represented by its Secretary J.Johathan David
...Petitioners in W.P.5450/2016
1.T.P.Srikanth 2.T.P.Madhavan 3.G.Srinivasan 4.N.S.Surendran 5.B.Viswanathan 6.Nilakant Narayan
...Petitioners in W.P.5451/2016
C.S.Rangavittalan
...Petitioner in W.P.5452/2016
S.Venkateshwaran
...Petitioner in W.P.5453/2016
-Vs1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
2. The District Collector, Kanchipuram District, Kanchipuram.
3. The Special Tahsildar (Land Acquisition), Mass Rapid Transit System, Phase II Extension, Thirumayilai Railway Station, Mylapore, Chennai-600 004.
4. The Deputy Chief Engineer-I, Metropolitan Transport Project (Railway 1), Southern Railway, Mylapore, Chennai-4.
...Respondents in all W.Ps.
W.P.No.5450 of 2016 has been filed, praying for issuance of a writ of certiorari, to call for the records pertaining to the impugned notice issued by the third respondent in Na.Ka.No.5/2014, dated 29.01.2016, and quash the same in respect of the land comprised in part of Town Survey No.3/6/2, Block No.18, Adambakkam Village, Alandur Taluk, Kanchipuram District, belonging to the petitioners are concerned.
W.P.No.5451 of 2016 has been filed, praying for issuance of a writ of certiorari, to call for the records pertaining to the impugned notice issued by the third respondent in Na.Ka.No.5/2014, dated 29.01.2016, and quash the same in respect of the land comprised in Town Survey No.40/2, Block No.18, Adambakkam Village, Alandur Taluk, Kanchipuram District, belonging to the petitioners are concerned. W.P.No.5452 of 2016 has been filed, praying for issuance of a writ of certiorari, to call for the records pertaining to the impugned notice issued by the third respondent in Na.Ka.No.5/2014, dated 29.01.2016, and quash the same in respect of the land measuring an extent of 2810 sq.ft., comprised in Town Survey No.72, Block No.18, Adambakkam Village, Alandur Taluk, Kanchipuram District, belonging to the petitioner is concerned.
W.P.No.5453 of 2016 has been filed, praying for issuance of a writ of certiorari, to call for the records pertaining to the impugned notice issued by the third respondent in Na.Ka.No.5/2014, dated 29.01.2016, and quash the same in respect of the land comprised in part of Town Survey No.39, Block No.18, Adambakkam Village, Alandur Taluk, Kanchipuram District, measuring an extent of 2640 sq.ft., belonging to the petitioner is concerned.
For petitioners : Mr.T.R.Rajagopal, Senior Counsel, for Mr.N.Anand Venkatesh For respondents : Mr.S.Rajeswaran, 1 to 3 Special Government Pleader For respondent 4 : Mr.P.T.Ramkumar, Standing Counsel.
O R D E R
Petitioners have filed these Writ Petitions, challenging the notice issued by the Special Tahsildar (Land Acquisition), third respondent herein, on the ground that the
said notice is contrary to the earlier orders passed by this Court in a batch of cases in W.P.No.27530 of 2014, dated 05.08.2015. The operative portion of the said order reads as follows :
"33. In the result, all the writ petitions are partly allowed and the interim award dated 15.09.2014 passed by the Special Tahsildar [Land Acquisition], MRTS Phase-II Extension, Chennai-4 and the notices dated 18.09.2014 are set aside/quashed and the respondents are directed to follow Section 40[3] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and tender interim compensation to the respective land/property owners and thereafter, follow other provisions of the new Act and complete the exercise as expeditiously as possible and not later than three months from the date of receipt of a copy of this order.
The appropriate Government shall take every endeavour to frame rules and follow the relevant provisions regarding appointment of Administrator, Commissioner for rehabilitation and resettlement, constitution of Rehabilitation and Resettlement Committee at project level, establishment of National and State Monitoring Committee for rehabilitation and resettlement, as expeditiously as possible to give complete effect to the benevolent provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
No costs.
Consequently, connected miscellaneous petitions are closed."
In view of the above order, the respondent had to follow the provisions of Act 30 of 2013.
2. Mr.V.Venkat Ramanan, Special Tahsildar (Land Acquisition), I/c., MRTS, is present in the Court.
3. Admittedly, the respondents have not challenged the said order, dated 05.08.2015, and it has become final. That apart, the petitioners too have not filed any appeal against the said order, though their writ petitions were partly allowed. Thus, the above order, dated 05.08.2015, binds the parties.
4. On perusal of the impugned notice, it appears that there has been a confusion in the mind of the Officer,
who had prepared the notice. This is owing to the fact that under the provisions of Act 30 of 2013, appropriate forms have not been formulated by the State Government and, in fact, in the earlier order passed by this Court, referred to above, the appropriate Government was directed to ensure that the provisions of the Act were fully implemented, so as to give complete effect to the benevolent provisions of Act 30 of 2013.
5. In my view, first paragraph of the impugned notice is wholly unnecessary, since it refers only to the order passed in the writ petitions and this is well within the knowledge of the petitioners as well as the respondents. Second paragraph, which consists of two lines, is justified. Paragraph 3 is proper, as it only intimates the petitioners to appear on a particular date in the office of the respondent between 11 a.m. and 04.00 p.m. Thus, the preamble and the first paragraph of the impugned notice alone require to be modified to make it fall in tune with the direction issued by this Court. Furthermore, since, already, time limit has been fixed in the earlier writ petition, the said time limit would bind both the parties and the petitioners/land owners should cooperate in the proceedings, by appearing before the authority and producing the necessary documents.
6. In the light of the above, these Writ Petitions are disposed of, permitting the third respondent to withdraw the impugned notice and issue a fresh notice, making suitable amendements, as stated supra, within a period of ten days from the date of receipt of a copy of this order. The notice shall provide fifteen days' time from the date of receipt of the same, to enable the petitioners/land owners for production of necessary documents. In the given situation, the question of quashing the impugned proceedings would not arise, as liberty has been given to the third respondent, as pointed out in the foregoing paragraph. No costs. Consequently, the connected W.M.P.Nos.4753 to 4760 of 2016 are closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dixit To
1. The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
2. The District Collector, Kanchipuram District, Kanchipuram.
3. The Special Tahsildar (Land Acquisition), Mass Rapid Transit System, Phase II Extension, Thirumayilai Railway Station, Mylapore, Chennai-600 004.
4. The Deputy Chief Engineer-I, Metropolitan Transport Project (Railway 1), Southern Railway, Mylapore, Chennai-4.
+1cc to Mr.P.T.Ramkumar, Advocate, S.R.No.17227 +1cc to Mr.N.Anand Venkatesh, Advocate, S.R.No.16886 W.P.Nos.5450 TO 5453 OF 2016 KSJ(CO) CA(18/03/2016)