E.Raghupathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2025
CORAM
THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY E.Raghupathi, S/o.Ellappa Mudaliar, No. 6, New 6th Ward, Kattumel Vannara Street, Tharamangalam, Salem District -636 502.
Petitioner(s) Vs 1.The District Collector, Collectorate Campus, Thummankurichi, Namakkal.
2.The Competent Authority And District Revenue Officer, (Land Acquisition), National Highways No.7, Collectorate Campus, Thummankurichi, Namakkal.
3.The Project Director, National Highways Authority Of India, Sale.212-3/D3-1, Srinagar Colony, Narajothipatti, Salem-636 004.
Respondent(s)
PRAYER:-Writ Petition filed under Article 226 of the Constitution of India, praying for an issuance of Writ of Mandamus, directing the Respondents to pay Solatium at 30% and Additional Market value at 12% on the enhanced compensation amount as re-determined by the 1 st respondent in the Award dated 01.08.2017, vide Na.Ka.7201/2012 /Case No.19/ 2011/Arbitration, along with interest at the rate of 9% per annum for the first year and 15 % per annum for the subsequent years, from the date of taking possession till the date of realization, in respect of the petitioner's acquired land situated in S.No.30/19B1, as per subdivision S.No.30/26, Andagalur Village, Rasipuram Taluk, Namakkal District, in accordance with the judgment of the Hon'ble Supreme Court in Union of India V. Tarsem Singh, by duly considering the petitioner's representation dated 05.05.2025, within the stipulated time as fixed by this Court.
For Petitioner(s):
Mr.D.Vairamoorthy For Respondent:
Mr.P.Sathish Additional Government Pleader for R1 & R2 Mrs.S.R.Sumathy Standing Counsel for R3
ORDER
This writ petition has been filed by the petitioner seeking to direct the respondents to pay Solatium at 30% and Additional Market value at 12% on the enhanced compensation amount as re-determined by the 1 st respondent in the Award dated 01.08.2017, vide Na.Ka.7201/2012 /Case No.19/ 2011/Arbitration, along with interest at the rate of 9% per annum for the first year and 15 % per annum for the subsequent years, from the date of taking possession till the date of realization, in respect of the petitioner's acquired land situated in S.No.30/19B1, as per subdivision S.No.30/26, Andagalur Village, Rasipuram Taluk, Namakkal District, in accordance with the judgment of the Hon'ble Supreme Court in Union of India V. Tarsem Singh, by duly considering the petitioner's representation dated 05.05.2025, within the stipulated time as fixed by this Court.
2.Mr.P.Sathish, learned Additional Government Pleader, takes notice on behalf of the respondents 1 & 2 and Mrs.S.R.Sumathy, learned Standing
Counsel takes notice on behalf of the 3 rd respondent. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 3.The learned counsel for the petitioner would submit that the petitioner's lands were acquired by the 2 nd respondent for the purpose of widening four-lane road in National High Way No.7, under the provisions of the National Highways Act, 1956. Thereafter, the 2 nd respondent passed an Award dated 04.02.2008 determining the compensation for the acquired land. Since the amount of compensation was less than the prevailed market rate, the petitioner had filed a petition before the 1 st respondent seeking enhancement of the amount of compensation and the said Authority, by Award dated 01.08.2017, enhanced the amount of compensation.
However, failed to award 30% Solatium and 12% Additional Market Value on the enhanced compensation at that time. Further, he would submit that the Hon'ble Supreme Court in the case of Union of India Vs.
National Highways Act, 1956 and struck down Section 3 of the said Act. Therefore, the petitioner is entitled for solatium, additional market value and interest. In this regard, he made a representation to the respondents on 05.05.2025. As the same did not evoke any response, the petitioner has filed this writ petition seeking for the aforesaid relief. 4.The learned Additional Government Pleader appearing for the respondents 1 and 2 as well as the learned Standing Counsel appearing for the rd respondent would submit that the 3 rd respondent will consider and pass orders on the representation of the petitioner, within the stipulated time fixed by this Court.
5.Heard both sides. Perused the records.
6.Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the 3 rd respondent to pass orders on the representation of the petitioner
dated 05.05.2025, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.
7.With the aforesaid directions, this Writ Petition is disposed of. No costs. 03-11-2025 (3/6) rst Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The District Collector, Collectorate Campus, Thummankurichi, Namakkal.
2.The Competent Authority And District Revenue Officer, (Land Acquisition), National Highways, No.7, Collectorate Campus, Thummankurichi, Namakkal.
3.The Project Director, National Highways Authority Of India, Sale.212-3/D3-1, Srinagar Colony, Narajothipatti, Salem-636 004.
KRISHNAN RAMASAMY J.
rst 03-11-2025 (3/6)