Veera Chandra Sekar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Veera Chandra Sekar ... Petitioner Vs.

1.The District Collector O/o. the District Collector, Madurai District.

2.The Thasildar (Land Acquisition), Thasildar Land Acquisition Office, Collector Office, Madurai District.

3.The District Revenue Officer O/o. District Revenue Officer, Thirumangalam, Madurai District.

... Respondents 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to sought fair compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for acquiring petitioner land for the construction of railway flyover petitioners land on Thirupparankundram Survey No.184/2A by considering the petitioner's representation dated 09.02.2023.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.D.S.Nedunchezhian, Government Advocate

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the first respondent to pay fair compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for acquiring the land of the petitioner for constructing railway 2/6

flyover at Thirupparankundram, in Survey No.184/2A. The petitioner had given a representation on 09.02.2023.

2. A counter affidavit had been filed by the second respondent, wherein, it had been stated that compensation had been determined at Rs.2,102/- per square meter and the petitioner has expressed his willingness to receive the said compensation.

3. But however, when the petitioner has now sought revisitation of the amount of the compensation granted and had given an application which is admitted, it is obligatory on the part of the second respondent to issue notice to the petitioner herein and thereafter, examine whether the petitioner is entitled for enhancement of compensation. The petitioner may place before the second respondent all necessary documents.

4. It is also complained by the learned counsel for petitioner that the demolition charges had also been deducted from the 3/6

compensation amount from the petitioner herein. It is stated that after acquisition, the petitioner is left with only 120 square meters of lands / building. Let these aspects be examined by the second respondent once again on the basis of the representation given by the petitioner herein. The second respondent may therefore, issue notice to the petitioner, examine the representation of the petitioner and pass necessary orders. The entire exercise must be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition stands disposed of. No costs.

05.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The District Collector O/o. the District Collector, Madurai District.

2.The Thasildar (Land Acquisition), Thasildar Land Acquisition Office, Collector Office, Madurai District.

3.The District Revenue Officer O/o. District Revenue Officer, Thirumangalam, Madurai District.

5/6

C.V.KARTHIKEYAN, J.

RM 05.06.2023 6/6