Madras High CourtWP/29554/2024disposed of

Muthusamy v. The District Collector Cum Land Acquisition Officer

2024-10-14Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Muthusamy ... Petitioner Vs.

1.The District Collector cum Land Acquisition Officer, Chinnasalem - Kallakurichi, New Broad Gauge Railway Line Project, Kallakurichi District.

2.The Special Tahsildar, Land Acquisition, Chinnasalem - Kallakurichi, New Broad Gauge Railway Line Project, Kallakurichi District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 19.08.2024, seeking correction in the award dated 20.06.2024 passed by the 1st respondent in Na.Ka.Aa.1/2674/2019 as per Section 33 of the RFCTLARR Act, 2013, in so far as the extent of land acquired by the respondents as 2315 sq.ft instead 1/6

of 2152 sq.ft equalling 0.02.0 hectare, comprised in S.No.158/2A2, situate in Kallakurichi Village, Kallakurichi Taluk and District and to pay the amount of compensation with respect to the left out land in the award, measuring an extent of 163 sq.ft to the petitioner, within the time frame as may be fixed by this Court.

For Petitioner : Mr.S.Senthil For Respondents : Mr.D.Gopal Government Advocate

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the respondents to consider his representation dated 19.08.2024, seeking correction in the award dated 20.06.2024 passed by the 1st respondent in Na.Ka.Aa.1/2674/2019 as per Section 33 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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3. It is the case of the petitioner that he purchased the above mentioned property vide registered sale deed dated 04.10.2007. It is further stated by the petitioner that his property was acquired by the respondents and compensation amount was fixed for an extent of 0.02.0 hectare, comprised in S.No.158/2A2. Therefore, the petitioner submitted a representation dated 19.08.2024 before the first respondent seeking correction in the award with regard to the extent of the property acquired by the petitioner and payment of compensation, the same has not been considered. Hence, the petitioner is before this Court.

4. Mr.D.Gopal, learned Government Advocate, who is taking notice for the respondents would submit that representation of the petitioner dated 19.08.2024 will be considered by the 1st respondent on its own merits and in accordance with law.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue direction to the 3/6

1st respondent to consider the representation of the petitioner dated 01.10.2019 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioner and other interested parties.

6. With the above directions, this writ petition is disposed of. No costs.

14.10.2024 Index : Yes/No Speaking order:Yes/No ub 4/6

To 1.The District Collector cum Land Acquisition Officer, Chinnasalem - Kallakurichi, New Broad Gauge Railway Line Project, Kallakurichi District.

2.The Special Tahsildar, Land Acquisition, Chinnasalem - Kallakurichi, New Broad Gauge Railway Line Project, Kallakurichi District.

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S.SOUNTHAR, J.

ub 14.10.2024 6/6