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Madras High CourtWP/24111/2017disposed of

Nallammal v. The Special District

2021-11-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN WP.NOS.24111 & 24112 OF 2017 AND WMP.NOS.25457 & 25458 OF 2017 WP.No.24111 of 2017 1.Nallammal 2.Shanmugam 3.Mohan Kumar ... Petitioners Vs The Special District Revenue Officer, Project 2, Salem ... Respondent Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.121/2 in Minnampalli Village, belonging to petitioners forming subject matter of notification issued under Section 15

(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law.

For Petitioners : Mr.D.Vairamoorthy for Mr.S.Senthil For Respondent : Mr.Richardson Wilson, Government Advocate WP.No.24112 of 2017 Kanaga @ Kanagarathinam ... Petitioner Vs The Special District Revenue Officer,

Project 2, Salem ... Respondent Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.117/2B2 in Minnampalli Village, belonging to petitioner forming subject matter of notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law.

For Petitioner : Mr.D.Vairamoorthy for Mr.S.Senthil For Respondent : Mr.Richardson Wilson, Government Advocate COMMON ORDER This writ petition in WP.No.24111 of 2017 is filed to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.121/2 in Minnampalli Village, belonging to petitioners forming subject matter of notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law. The writ petition in WP.No.24112 of 2017 is filed to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.

117/2B2 in Minnampalli Village, belonging to petitioner forming subject matter of notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law.

2. The land comprised in survey No.121/2 and the land comprised in survey No.117/2B2, Minnampalli Village, Tiruchengode Taluk were acquired by the respondent for upgrading the Rasipuram Tiruchengode State Highways (SH-79-2) Road from Ponkurichi to Ilayampalayam under the Tamilnadu Highways Act,

2001 under the notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001 dated 10.04.2015. It has been published in the Tamilnadu Government Gazatte. Thereafter, by the award dated 10.02.2017 in award No.36 of 2016-2017 in Roc.No.31/2014/A1, interim compensation was awarded and the additional compensation will be paid as per the provisions of the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 based on the executive instruction issued in GO(2D)No.12 Highways and Minor Ports (HN2) Department dated 31.12.2014 and GO.Ms.No.59 HW & MP Department dated 29.05.2014 as contemplated under Section 105A of the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. After implementation of the revalidation Act, 38 of 2019, GO.Ms.No.59 HW & MP Department dated 29.05.2014 become infructuous.

3. Therefore, the respondent is directed to pass final award under the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of six weeks from the date of receipt of copy of this order, if not already passed, and deposit the compensation amount in the manner known to law.

4. With the above direction, both the writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar lok To The Special District Revenue Officer, Project 2,Salem.

+2ccs to Mr.S.Senthil, Advocate, S.R.No.57265,57264 WP.Nos.24111 & 24112 of 2017 PMK(CO) PM/26/11/2021