L.Santhosh Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA L.Santhosh Kumar
...Petitioner
Vs 1.The District Collector Thiruvallur District, Thiruvallur Collector Office Complex, NH-205, Master Plan Complex, Chennai - Thiruttani Highway, Thiruvallur - 602 001.
2.The Special District Revenue Officer (L.A), Chennai Peripheral Ring Road Project, Administrative Office Block (Ground Floor), SIDCO Branch Office Complex, Ambattur Industrial Estate, Chennai - 600 058.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the respondents to consider and pass orders on the representation submitted by the petitioner dated 09.09.2023 and 01.11.2023 to the respondents 1 and 2 to refer the matter to the appropriate and competent authority as per Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, (Central Act 30/2013) act for enhancement of compensation.
For Petitioner : M/s.B.Sasidaran For Respondents : Mr.A.Selvendran 1/4
Special Government Pleader
ORDER
The Writ Petition has been filed for the following relief:- To direct the respondents to consider and pass orders on the representation submitted by the petitioner dated 09.09.2023 and 01.11.2023 to the respondents 1 and 2 to refer the matter to the appropriate and competent authority as per Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013, (Central Act 30/2013) act for enhancement of compensation.
2.Since the provisions of the fair compensation would not apply to the case on hand as the acquisition is under the Tamil Nadu Highways Act, which is exempted by reason of subsection 105 A which has been inserted by the Tamil Nadu Act. Therefore the provisions of this Act will not apply to the Tamil Nadu Highways Act which has been set out in the 5th Schedule to the Fair Compensation Act. The petitioner's representations dated 09.09.2023 and 01.11.2023 shall be considered as a request seeking reference under Section 20, within a period of three months from the date of receipt of copy of this order. 2/4
3.Accordingly, the Writ Petition is disposed of. No costs. 06.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, 3/4
ep To 1.The District Collector Thiruvallur District, Thiruvallur Collector Office Complex, NH-205, Master Plan Complex, Chennai - Thiruttani Highway, Thiruvallur - 602 001.
2.The Special District Revenue Officer (L.A), Chennai Peripheral Ring Road Project, Administrative Office Block (Ground Floor), SIDCO Branch Office Complex, Ambattur Industrial Estate, Chennai - 600 058.
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