A. Balakrishnan v. The Competent Authority

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR A.Balakrishnan ... Petitioner Vs.

1.The Competent Authority (Land and Acquisition for NH-45) & District Revenue Officer, Trichirappalli.

2.The Special Tahsildar (Land and Acquisition for NH-45), Collectorate, Trichirappalli District.

3.The Commissioner, HR & CE Department, Nungambakkam, Chennai.

4.The Assistant Commissioner, HR & CE Department, Trichy-2.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 & 2 to forthwith disburse the compensation money of Rs.2,13,014/- determined by them towards acquisitionof the petitioner's building to the petitioenr together with appropriate interest. 1/6

For Petitioner : Mr.S.Anwar Sameem For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The present writ petition has been filed seeking a writ of Mandamus, directing the respondents 1 and 2 to disburse the compensation amount determined by them towards acquisition of the petitioner's building to the petitioner with appropriate interest.

2. According to the petitioner, he is the hereditary Trustee of Arulmigu Alagar Perumal Thirukoil, Palayakottai, Manapparai Taluk. He has been approved as hereditary Trustee by proceedings, dated 17.02.2011 by an order passed by the Joint Commissioner, Hindu Religious and Charitable Endowments department, Thiruchirappalli under Section 54 (1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act. According to the petitioner, he is managing the temple administration for several generations and he is also residing nearby the temple in Survey No.318, Chettiyapatti Village.

3. According to the petitioner, in the year 1995, he had demolished the old construction and he has put up a new construction. The said lands 2/6

were acquired by the respondents 1 and 2 herein and they have quantified the compensation by way of proceedings, dated 25.01.2012. As per the proceedings of the second respondent, the value of the land was fixed at Rs.3,910/- (Rupees Three Thousand Nine Hundred and Ten only) and the value of the building was fixed at Rs.2,13,014/- (Rupees Two Lakhs Thirteen Thousand and Fourteen only). In the said proceedings, the second respondent had requested the third respondent herein to grant permission for disbursing the value of the building to the writ petitioner. However, so far no orders have been passed by the third respondent herein.

4. The learned Special Government Pleader appearing for the respondents had contended that the land belongs to the Hindu Religious and Charitable Endowments department and the petitioner has put up construction without obtaining prior permission from the Hindu Religious and Charitable Endowments department. Hence, he has not entitled to receive any compensation towards acquisition proceedings.

5. I have carefully considered the submissions made on either side. 3/6

6. The learned counsel for the petitioner had relied upon a judgment of the Hon'ble Supreme Court reported in 2003 (1)CTC 235 (Sharada Devi Vs. State of Bihar and others), wherein it has been held that where the Government acquires and the property consist of land and buildings and where the land was the subject matter of the Government, even then the compensation has to be granted for the building to the person in possession of the property.

7. In view of the judgment of the Hon'ble Supreme Court, I hereby direct the third respondent herein to consider the proceedings of the second respondent herein, dated 25.01.2012 addressed to the fourth respondent herein and pass orders within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. With the above said observations, this Writ Petition stands disposed of. No costs.

30.08.2022 Index :

Yes / No Internet :

Yes / No gbg 4/6

To 1.The Competent Authority (Land and Acquisition for NH-45) & District Revenue Officer, Trichirappalli.

2.The Special Tahsildar (Land and Acquisition for NH-45), Collectorate, Trichirappalli District.

3.The Commissioner, HR & CE Department, Nungambakkam, Chennai.

4.The Assistant Commissioner, HR & CE Department, Trichy-2.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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