G. Dandapani v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.29665 of 2022 and W.M.P.No.29051 of 2022 G.Dandapani ... Petitioner Vs.
1. The Principal Secretary, State of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Coimbatore District Collectorate Office, Coimbatore - 641 018.
3.The Revenue Divisional Officer, Land Acquisition, Airport Authority of India, Coimbatore Airport, Coimbatore Office, Coimbatore - 641 018.
4.The Special Tahsildar, Land Acquisition, Runway Airport Authority of India, Coimbatore Office Building, Coimbatore District, Coimbatore - 641 018.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for Page No.1 of 7
issuance of a Writ of Mandamus, directing the respondents 2 to 4 to determine the compensation amount to the petitioner's land in S.F.Nos.674/6, extent 4903 sq.ft. at Kalapatti Village, Coimbatore District under Act 30 of 2013 Section 26 to 30 of the Right to fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 or as per the terms of orders passed by the Division Bench of this Court in W.P.No.2116 of 2017 by order dated 18.08.2020 and dispose of this petitioner's representation dated 18.08.2022.
For Petitioner :
Mr.P.Bagyalakshmi For Respondent 1 :
Mr.Yogesh Kannadasan, Special Government Pleader For Respondents 2 to 4 :
Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
The petitioner has filed this petition seeking for issuance of Writ of Mandamus, directing the respondents 2 to 4 to determine the compensation amount to the petitioner's land in S.F.Nos.674/6, extent 4903 sq.ft. at Kalapatti Village, Coimbatore District under Act 30 of 2013 Section 26 to 30 of the Right to fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 or as per the terms of orders passed by the Division Bench of this Court in W.P.No.2116 of 2017 by order dated Page No.2 of 7
18.08.2020 and dispose of this petitioner's representation dated 18.08.2022.
2. The case of the petitioner is that the petitioner is the owner of the property in S.F.No.674/6 part an extent of 4903 sq.ft. 11 cents 112 Sq.ft, Kalapatti Village, Coimbatore District. Thereafter, the third respondent issued 3(1) notification and acquired the said land under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 for expansion of runway of Coimbatore International Airport, however, till date, the compensation amount was not fixed and the same was not disbursed in favour of the petitioner. Hence, the petitioner filed this writ petition with the aforesaid prayer.
3. Learned counsel for the petitioner would submit that this Court may issue a direction to the respondents to consider the petitioner's representation dated 18.08.2022 and further direct the respondents to determine and disburse the compensation amount in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 (herein after referred as "Said Act"), within a time frame that may be fixed by this Court.
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4. Learned Special Government Pleader appearing for the respondents would submit that the compensation award will be fixed in terms of said Act, if not already fixed.
5. Heard the learned counsel on either side and perused the materials placed on record.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to pass an award of compensation in terms of Section 30 of the Right to 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.
7. With the aforesaid direction, this Writ Petition is disposed. No costs. Consequently, connected miscellaneous petition is closed. Page No.4 of 7
09.11.2022 Note: Issue order copy on 14.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No Copy To:
1. The Principal Secretary, State of Tamil Nadu, Transport Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Coimbatore District Collectorate Office, Coimbatore - 641 018.
3.The Revenue Divisional Officer, Land Acquisition, Airport Authority of India, Coimbatore Airport, Coimbatore Office, Coimbatore - 641 018.
4.The Special Tahsildar, Land Acquisition, Runway Airport Authority of India, Coimbatore Office Building, Coimbatore District, Coimbatore - 641 018.
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M.DHANDAPANI,J.
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