G.Mani v. The District Collector Cum Land Acquisition Officer
In the High Court of Judicature at Madras Dated : 05.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.36734 of 2024 G.Mani
...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
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 10.10.2024 seeking correction in the award dated 20.6.2024 passed by the first respondent in Na.Ka.Aa.1/2674/2019 in award No.11 as per Section 33 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in so far as the extent of land acquired by the respondents as 2,616 sq.ft. instead of 1/4
2,153 sq.ft. comprised in S.Nos.220/1C5 and 220/1C6 situate in Kallakurichi Village, Kallakurichi Taluk & District and to pay the amount of compensation with respect to the left out land in the award measuring an extent of 463 sq.ft. to the petitioner within the time frame as may be fixed by this Court.
For Petitioner :
Mr.S.Senthil For Respondents :
Mr.A.Selvendran, SGP
ORDER
Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
2. The second respondent acquired the petitioner's land measuring an extent of 2,616 sq.ft. equivalent to 6 cents comprised in S.Nos. 220/1C5 and 220/1C6 situated in Kallakurichi Village, Kallakurichi Taluk & District. Pursuant to that, an award was passed on 20.6.2024 by the first respondent in Na.Ka.Aa.1/2674/2019 in award No.11. The compensation was determined at Rs.21,530/- per sq.meter only for an extent of 0.02.0 hecatres equivalent to 2,153 sq.ft. Since the entire extent of 2,616 sq.ft. was acquired, the petitioner sent a detailed representation to the respondents requesting to correct the extent in the award as 2,616 sq.ft. instead of 2,153 sq.ft. and grant 2/4
compensation for the entire extent of the land that has been acquired. This representation has not been considered till date. Hence, the petitioner is before this Court.
3. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
4. Taking into consideration of the fact that the second respondent acquired an extent of 2,616 sq.ft. and that the compensation has been awarded by the first respondent only for a lesser extent i.e 2,153 sq.ft., the writ petition is allowed and a Mandamus is issued to the first respondent to consider the said representation of the petitioner dated 10.10.2024 for modifying/ correcting the extent in the award dated 20.6.2024 in Na.Ka.Aa.1/ 2674/2019 as 2,616 sq.ft. instead of 2,153 sq.ft. and for the payment of compensation for the entire extent acquired and pass appropriate orders within a period of two months from the date of receipt of a copy of this order.
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P.T.ASHA,J RS 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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