← Library
Madras High CourtWP/31707/2018disposed of

Deepti Manoj Pandian v. The District Collector

2018-12-20Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 20..12..2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition Nos.31707, 31708, 31711 & 31712 of 2018 Mrs.Deepti Manoj Pandian ... Petitioner in W.P.No.31707 of 2018 P.H.Vinodh Pandian ... Petitioner in W.P.No.31708 of 2018 Dr.A.Deepak Selvaraj ... Petitioner in W.P.No.31711 of 2018 A.Saleem @ Abdul Saleem ... Petitioner in W.P.No.31712 of 2018 -Versus1.The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2.The Special Tahsildar (LA) Unit-I, Mannur - Valarpuram Nemili Scheme, SIPCOT, Sriperumbudur.

... Respondents in all Writ petitions Prayer in Writ Petition No.31707 of 2018:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 28.10.2018 for payment of compensation in respect of the land comprised in S.Nos.6/1A, 6/22 and 7/9 situated at No.51, Nemili Village, which was acquired for industrial purposes, under the provisions of The Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Prayer in Writ Petition No.31708 of 2018:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 28.10.2018 for payment of compensation in respect of the land comprised in S.No.2/1A1A1A, situated at No.51, Nemili Village, which was acquired for industrial purposes, under the provisions of The

Rehabilitation and Resettlement Act, 2013.

Prayer in Writ Petition No.31711 of 2018:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 28.10.2018 for payment of compensation in respect of the land comprised in S.Nos.6/1A & 6/1B, situated at No.51, Nemili Village, which was acquired for industrial purposes, under the provisions of The Rehabilitation and Resettlement Act, 2013.

Prayer in Writ Petition No.31712 of 2018:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 29.10.2018 for payment compensation in respect of the land comprised in S.Nos.517/1B & 517/1D, Plot Nos.451 & 452 measuring a total extent of 4800 square feet, situated at No.51, Nemili Village, which was acquired for industrial purposes, under the provisions of The Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. For Petitioner(s) : Mr.A.Abdul Hameed for M/s.AAV Partners for petitioner in W.P.No.31707, 31708, 31712 of 2018 Mr.Abdul Saleem for M/s.AAV Partners for petitioner in W.P.No.31711 of 2018 For Respondent(s) : Mr.D.

Raja, AGP for R1 and R2 in all writ petitions COMMON ORDER All these writ petitions have been filed seeking a direction to the respondents to consider the representations of the respective petitioner for payment of compensation in respect of their land which were acquired under the provisions of The Right to Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by the State for the formation of Industrial Park for SIPCOT.

2. According to the petitioners, their lands were acquired by the State for the formation of New SIPCOT Industrial Park at

Mannur, Valarpuram, Nemeli Scheme under the provisions of The Rehabilitation and Resettlement Act, 2013. Even though the acquisition proceedings were over as early as in the year 2015 and possession of their lands had also been taken, no award has been passed till date. The representations made by them on 28.10.2018 and 29.10.2018 individually for payment of compensation have not been considered is the only grievance of the petitioners.

3. Earlier notice was ordered to the respondents. Today when the matter came up for hearing, the learned Additional Government Pleader, on instructions, would submit that insofar as the lands belonged to petitioners in W.P.Nos.31707, 31708 and 31711 of 2018 concerned, interim awards had already been passed and final award is yet to be passed and as far as the land belonged to the petitioner in W.P.No.31712 of 2018 is concerned, till date no award has been passed. The learned Additional Government Pleader, would further submit that the 2nd respondent requires eight weeks time to pass Award in these cases. The said statement is recorded.

4. Considering the limited prayer sought for and the submissions made by the learned Addl. Govt. Pleader, this court directs the 2nd respondent to conduct an award enquiry and pass appropriate award within a period of eight weeks from the date of receipt of a copy of this order. It is needless to say that as soon as the award is passed, the compensation amount payable to the respective petitioners should be paid or deposited, as the case may be, in accordance with law. These writ petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kmk To 1.The District Collector, Kancheepuram District,Kancheepuram, Pin Code 631 501.

2.The Special Tahsildar (LA) Unit-I, Mannur - Valarpuram Nemili Scheme, SIPCOT, Sriperumbudur.

+1cc to the Government Pleader, S.R.No.89446 Writ Petition Nos.31707, 31708, 31711 and 31712 of 2018 EV(CO) GSP(10/01/2019)