Jegathese V.S.R. v. The Secretary To The Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.S.R.Jegathese ... Petitioner Vs.

1.The Secretary to the Government, Highways and Minor Ports Department, St.George Fort, Secretariat, Chennai-600 009. 2.The Project Director Tamil Nadu Road Sector Project -II, No. 171, Kesavaperumal Puram, Greenways Road, Raja Annamalaipuram, Chennai-600 028.

3.The Special District Revenue Officer (land Acquisition), Tamil Nadu Road Development Scheme-II, Tiruchirappalli.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to pass final award in respect of the petitioner's acquired lands in accordance with sections 25 to 31 and 37 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 in the light of the petitioner's representation dated 20.01.2021 within the time stipulated by this Court. For Petitioner : Mr.J.David Ganesan 1/6

For Respondents : Ms.D.Farjana Ghoushia, Special Government Pleader

O R D E R

This Writ Petition has been filed for the issue of writ of mandamus directing respondent Nos.1 to 3 to pass final award with respect to the petitioner's acquired lands in accordance with sections 25 to 31 and 37 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013, by considering the representation made by the petitioner on 20.01.2021.

2. When the matter was taken up for hearing, the learned Special Government Pleader filed a status-report / counter-affidavit of the third respondent. The relevant portions in the counter-affidavit are extracted hereunder:

"3. In this connection it is submitted that in pursuance of Government Orders No.12 Revenue Department, dated 07.01.2011 totally an extent of 35275 Square Meter of dry land in Appuvillai Village of Tirunelveli District have been acquired for the purpose of upgrading the Nangeri-Uvari Road (SH-89) and interim award orders passed vide No.64/2016-2017 dated : 07.04.2017 and final award was passed on 30.04.2020.

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4) Out of this total extent an extent of 5524 Square Metre of dry land comprised in various survey numbers are covered under Land Acquisition which belongs to the petitioner and total compensation amount of Rs.1,64,83,292/- (Rupees One Crore Sixty Four Lakh Eighty Three Thousand Two Hundred and Ninety Two only) being the compensation amount have been paid to the petitioner as detailed below.

Sl.No.as per Survey No ApportBy Interim By Final Total Award Gazette with Sub ment Award Award Amount Division (sq.mt.) Amount Rs.

Amount Rs.

Paid Interim +Final 10-2A1B 775840 2,66,045 10,41,885 29-1C2 7,464 27 & 28 59-5 & 59-6 326434 1,11,938 4,38,372 61-2B2 29573 10,141 39,714 70-1B 1216578 3,68,017 15,84,595 70-2B 19715 6,760 26,475 70-3A2 1,878 7,355 73-2B 87198 29,902 1,17,100 75-1A2 722255 2,47,670 9,69,925 79-2A1b 1341510 4,60,021 18,01,531 79-3A1B 2025681 6,94,630 27,20,311 79-4B 5755080 19,73,485 77,28,565 1,23,12,555/- 41,70,737/- 1,64,83,292/- 3/6

Abstract Interim Award Amount Rs.

- 1,23,12,555/- Final Award Amount Rs.

- 41,70,737/- ---------------- Total Rs.

- 1,64,83,292/- ---------------- (Rupees One Crore Sixty-four Lakh Eighty-three Thousand Two Hundred and Ninety-two only)"

3. The learned Special Government Pleader further submitted that the award amount has also been disbursed to the petitioner.

4. In view of the above development, nothing survives in this Writ Petition and accordingly, the same stands closed. No costs. 11.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 4/6

To 1.The Secretary to the Government, Highways and Minor Ports Department, St.George Fort, Secretariat, Chennai-600 009. 2.The Project Director Tamil Nadu Road Sector Project -II, No. 171, Kesavaperumal Puram, Greenways Road, Raja Annamalaipuram, Chennai-600 028.

3.The Special District Revenue Officer (land Acquisition), Tamil Nadu Road Development Scheme-II, Tiruchirappalli.

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N.ANAND VENKATESH, J.

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