Sivagami v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sivagami ... Petitioner Vs.
1.The District Collector, Dindigul District, 2.The District Revenue Officer (LAO), Dindigul - Pollachi Four Laning and Widening of NH 209, National Highways, Collector's Office, 3.The Special Tahsildar, (Land Acquisition), National Highways No.209, Unit-II, Nethaji Nagar, Palani, Dindigul District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to refer the petitioner's application dated 07.03.2022 for determination of compensation by the appropriate authority U/s.64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.T.Amjad Khan Government Advocate
O R D E R
*********** This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to refer the petitioner's application dated 07.03.2022 for determination of compensation by the appropriate authority under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereinafter referred to as 'the Act'] and pass final orders within a time frame to be fixed by this Court. 1/3
2.It is the case of the petitioner that he is unsatisfied with the quantum of compensation determined by the competent authority. In such circumstances, the petitioner has submitted an application on 07.03.2022 to the first respondent under Section 64 of the Act, requesting the first respondent to refer the petitioner's application for determination of enhanced compensation to the appropriate authority as per the said Section. Since the said representation has not been considered till date, the petitioner has filed this writ petition.
3.Heard Mr.T.Lenin Kumar, learned Counsel appearing for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate who accepts notice on behalf of the respondents.
4.The petitioner has filed documents along with this writ petition including his application dated 07.03.2022 filed under Section 64 of the Act. It is for the respondents to consider the same on merits and in accordance with law after affording a fair hearing to the petitioner.
5.No prejudice would be caused to the respondents if the petitioner's application is considered on merits and in accordance with law.
6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's application dated 07.03.2022 seeking for reference of the claim for enhanced compensation to the appropriate authority as per the provisions of Section 64 of the Act and pass final orders on merits and in accordance with law within a period of thirty [30] days from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner. 7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (Admin I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Dindigul District, 2/3
2.The District Revenue Officer (LAO), Dindigul - Pollachi Four Laning and Widening of NH 209, National Highways, Collector's Office, 3.The Special Tahsildar, (Land Acquisition), National Highways No.209, Unit-II, Nethaji Nagar, Palani, Dindigul District.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-20912[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21170[F] dated 26/04/2022 ) 22.04.2022 MGJ(19.05.2022) 3P 6C 3/3