M.Thangasamy v. The Competent Authority And Special District Revenue Office (La)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN and W.M.P. No.30375 of 2023 M.Thangasamy ... Petitioner Vs.
1.The Competent Authority and Special District Revenue Office (LA), National Highways, Bangalore -Chennai Expressway Vellore - 632 009
2. The Project Director NHAI Bangalore -Chennai Expressway Bangalore
3. The Assistant Director of Agriculture Collectorate Compound Ranipet & District- 632 401
4. The District Forest Officer Vellore & District
5. The Special Tahsildar (Unit-I) Bangalore-Chennai Expressway Vellore- 632 009 ... Respondents 1/5
Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to reassess the compensation by including the missing number of Sapotta trees, Mango trees, Fig trees and Teakwook trees, structures, fencing and also by rectifying the errors in calculation of the age and value of the trees which includes the Coconut trees and to provide appropriate compensation with interest to the petitioner in the acquisition proceedings initiated for Bangalore- Chennai Expressway project (K.M. 164/500 to 218/280 K.M) in S.F. Nos.141/6D, 141/3B2, 141/4, 141/7, in Vettangulam Village, Ranipet District. For Petitioner : Mr.K.Thilageswaran For Respondents : Mr.P.Gurunathan Additional Government Pleader for R1, R3 to R5 Mrs.S.R.Sumathy Standing Counsel for NHAI for R2
ORDER
The writ petition is filed seeking to issue a writ of Mandamus directing the respondents to re-assess the compensation by including the missing number of Sapotta trees, Mango trees, Fig trees and Teakwook trees, structures, fencing and also by rectifying the errors in calculation of the age and value of the trees which includes the Coconut trees and to provide appropriate compensation with interest to the petitioner in the acquisition proceedings initiated for Bangalore- Chennai Expressway project (K.M. 164/500 to 218/280 K.M) in S.F. Nos.141/6D, 141/3B2, 141/4, 141/7, in 2/5
Vettangulam Village, Ranipet District.
2. Heard and perused the materials available on record.
3. The learned Additional Government Pleader appearing for the first respondent submitted that the grievance of the petitioner is redressed and supplementary award was also passed. The petitioner can receive the award amount, though he received the original award amount.
4. Considering the facts and circumstances, the respondents are directed to consider and pass Award for the missing number of Sappota Trees and also Teak wood trees etc. If they have already calculated and passed the Award, the same shall be paid to the petitioner and the petitioner shall receive the same. If the petitioner has any grievance with the quantum, he can work out his remedy in the manner known to law.
5. With the above directions, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to the costs.
30.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5
To 1.The Competent Authority and Special District Revenue Office (LA), National Highways, Bangalore -Chennai Expressway Vellore - 632 009
2. The Project Director NHAI Bangalore -Chennai Expressway Bangalore
3. The Assistant Director of Agriculture Collectorate Compound Ranipet & District- 632 401
4. The District Forest Officer Vellore & District
5. The Special Tahsildar (Unit-I) Bangalore-Chennai Expressway Vellore- 632 009 4/5
P.VELMURUGAN. J.
Ksa-2 30.11.2023 5/5