K.Vijaya Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE C.KUMARAPPAN K.Vijaya Reddy ... Petitioner in W.P.No.34228/2019 Kareti Venkatesh ... Petitioner in W.P.No.34230/2019 K.Ramakrishna Reddy ... Petitioner in W.P.No.34231/2019 Vs.
1. The District Collector, Kancheepuram District.
2.The Land Acquisition Officer cum Special Thasildhar SIPCOT Union III, Sriperambadur Expansion Scheme, Sriperambadur Taluk, Kancheepuram District.
3. The Managing Director, SIPCOT 19A, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.
4. The Principal Secretary, Chairman and Managing Director, 1/8
SIPCOT, 19-A, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.
5. The Special District Revenue Officer (LA), SIPCOT, 42, Thirumangaialwar Street, Sriperumbudur, Kancheepuram District.
... Respondents in all W.Ps.
Prayer in W.P.No.34228/2019 :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the amount already fixed as compensation within the time frame fixed by this Hon'ble Court and also consider the petitioner's representation dated 23.09.2019 and pay enhancement of compensation along with Solatium and interest to the petitioner in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 towards acquisition of his land comprised in Survey, No.157 / 4B an extent of 2400 at plot No. 42 and as extent of 1800 sq.ft more fully in Plot No. 120 comprised in Survey No. 168/2 in sq.ft more fully in Plot No. 120 comprised in Survey No. 168/2 in No. 174, Vadakal village, Sriperambadur Taluk, Kancheepuram District within the time frame fixed by this Hon'ble Court.
Prayer in W.P.No.34230/2019 :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the amount already fixed as compensation within the 2/8
time frame fixed by this Hon'ble Court and also consider the petitioner's representation dated 23.09.2019 and pay enhancement of compensation along with interest to the petitioner in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 towards acquisition of his land comprised in Survey, No.169 / 4B, 169/3, 165/6 an extent of 7200 sq.ft., more fully plot No. 310 measuring about 2400 Sq.ft and plot no.311 measuring about 2400 sq.ft and Plot No.326 measuring about 2400 sq.ft in No.174, Vadakal Village, Sriperambadur Taluk, Kancheepuram District within the time frame fixed by this Hon'ble Court.
Prayer in W.P.No.34231/2019 :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to pay the amount already fixed as compensation within the time frame fixed by this Hon'ble Court and also consider the petitioner's representation dated 23.09.2019 and pay enhancement of compensation along with Solatium and interest to the petitioner in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 towards acquisition of his land situated in Survey No.169/3A1 an extent of 6000 sq.ft, more fully plot No.140 measuring about 1800 sq.ft and plot No.141 measuring about 1800 sq.ft and plot no.324 measuring about 2400 sq.ft in no.174, Vadakal Village, Sriperambadur Taluk, Kancheepuram District within the time frame fixed by this Hon'ble Court.
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For Petitioners in all writ petitions :
Mrs.R.Nirmala for Mrs.R.Sudha For Respondents in all writ petitions :
Mr.A.Selvendran, Special Govt. Pleader (for R.1, 2 & 5);
Mr.Abishek Murthy (for R3 & R4).
COMMON ORDER (Order of the Court was delivered by S.M.Subramaniam J.) The writ petitions have been instituted to direct the respondents to pay the compensation as determined by the Court.
2. It is brought to the notice of this Court that the land, which belonged to the petitioner, was acquired for developing industrial estate through SIPCOT. Mr.A.Selvendran, learned Special Government Pleader would submit that the award was passed and the land owners were asked to collect the compensation by approaching the competent authority on 17.09.2021. However, the petitioners have not received the compensation as 4/8
determined by the competent authority.
3. However, the compensations have not been deposited so far. That being the factum, the respondents are directed not to deposit the compensation amount for a period of one (1) week from today. The petitioners are at liberty to approach the competent authority and receive the compensation without prejudice to the application filed by them seeking enhancement of compensation. After receiving the compensation, the petitioners are at liberty to pursue the appeal filed before the District Collector seeking enhancement of compensation.
4. The District Collector is directed to hear the parties by conducting an inquiry and dispose of the appeal as expeditiously as possible. Mr.A.Selvendran, learned Special Government Pleader is directed to inform the authorities that the compensation amount shall not be deposited for a period of one (1) week from today. The petitioners are directed to approach the respondent / competent authority within a period of two (2) days from today and receive the compensation amount.
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5. The respondents need not wait for the copy of the order since the learned special Government Pleader was directed to inform this order to the competent authorities.
6. With the above directions, the writ petitions are disposed of. No costs.
(S.M.S.J.,) (C.K.J.,) 18.06.2024 Index : Yes/No Speaking order/Non-Speaking order (sha) 6/8
To
1. The District Collector, Kancheepuram District.
2.The Land Acquisition Officer cum Special Thasildhar SIPCOT Union III, Sriperambadur Expansion Scheme, Sriperambadur Taluk, Kancheepuram District.
3. The Managing Director, SIPCOT 19A, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.
4. The Principal Secretary, Chairman and Managing Director, SIPCOT, 19-A, Rukmani Lakshmipathi Road, Egmore, Chennai-600 008.
5. The Special District Revenue Officer (LA), SIPCOT, 42, Thirumangaialwar Street, Sriperumbudur, Kancheepuram District.
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S.M.SUBRAMANIAM, J.
and C.KUMARAPPAN, J.
(sha) 18.06.2024 8/8