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Madras High CourtWP/39913/2025disposed of

S.Nirmala v. The Land Acquisition Officer

2025-10-25Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY S.Nirmala ... Petitioner Vs.

The Land Acquisition Officer cum Special Divisional Revenue Officer, Highways Department, Guindy, Chennai - 600 025.

... Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to provide the petitioner herein with the copy of full text of the award in Award proceedings made in Na.Ka.No.765/2021/A1, dated 27.05.2025 and make a reference pursuant to the Reference Application dated 14.07.2025 filed by the petitioner, within a reasonable time as prescribed under the Tamil Nadu Highways Act, 2001, read with the Right to Fair Resettlement Act, 2013 to Appropriate Authority. 1/6

For Petitioner : Mr.D.Krishna Pradeep For Respondent : Mr.P.Sathish, Additional Government Pleader

ORDER

The relief sought for in this writ petition is to direct the respondent herein to provide the petitioner herein with the copy of full text of the award in Award proceedings made in Na.Ka.No.765/2021/A1, dated 27.05.2025 and make a reference pursuant to the Reference Application dated 14.07.2025 filed by the petitioner, within a reasonable time as prescribed under the Tamil Nadu Highways Act, 2001, read with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to Appropriate Authority.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the petitioner is the absolute 2/6

owner of the land along with building comprised in S.No.108, currently S.No.108/3B, to an extent of 30811/2 sq.ft., along with building to an extent of 710 sq.ft. situated No.161, Mount Poonamallee Road, MP Road, Porur, Chennai - 600 116. While so, the Tamil Nadu Highways Department had issued a notification vide G.O.No.24, Highways (HW-1) Department dated 28.02.2020 for the purpose of constructing an overhead flyover from Mount Poonamallee Avadi Road till Mugalivakkam route Ramapuram and subsequently, the respondent herein passed an award in Na.Ka.No.765/2021/A1, dated 27.05.2025 by fixing a meagre amount as compensation. Aggrieved over the same, the petitioner filed a reference application dated 14.07.

2025, seeking to refer the matter to the appropriate authority as per Section 20(1) of the Tamil Nadu Highways Act, 2001 read with provisions of the Right to Fair Resettlement Act, 2013 (Act 30/2013) for determining the enhanced compensation amount with respect to the aforesaid land and building. However, no order was passed on petitioner's application, as on date. Hence, the petitioner has come forward with the present writ petition.

4. Learned counsel for the petitioner would submit that this Court may direct the respondents to refer the petitioner's application dated 14.07.2025 to the Civil Court for determining the enhanced compensation with respect to petitioner's land.

5. Learned Additional Government Pleader appearing for the respondent seeks four weeks time to refer the petitioner's application dated 14.07.2025.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Considering the limited sought by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the respondent to refer the petitioner's reference application dated 14.07.2025 to the Civil Court as per Section 20(1) of the Tamil Nadu Highways Act, 2001, read with provisions of the Right to Fair 4/6

Resettlement Act, 2013 (Act 30/2013) for determining the enhanced compensation amount with respect to the aforesaid land and building, within a period of three weeks from the date of receipt of a copy of this order.

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

25.10.2025 Speaking/Non-speaking order Index : Yes / No vm To The Land Acquisition Officer cum Special Divisional Revenue Officer, Highways Department, Guindy, Chennai - 600 025.

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KRISHNAN RAMASAMY.J., vm 25.10.2025 6/6