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Madras High CourtWP(MD)/3203/2015disposed of

A.Senthilrajan v. The Principal Secretary

2017-08-03Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.3203 to 3206 of 2015 A.Senthilrajan .. Petitioner in W.P(MD)No.3203 of 2015 A.Muthulakshmi .. Petitioner in W.P(MD)No.3204 of 2015 A.Saravanan .. Petitioner in W.P(MD)No.3205 of 2015 S.Akkiniraj .. Petitioner in W.P(MD)No.3206 of 2015 Vs.

1. The Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai - 5.

2. The District Collector, Madurai District.

3. The Revenue Divisional Officer/Land Acquisition Officer, Usilampatti, Madurai District.

4. The Senior Regional manager, Hindustan Petroleum Corporation Ltd., Thalaimuthu Natarjan Building, 3rd Floor, No.8, Gandhi Irvin Road, Egmore, Chennai - 600 008.

5. The Plant Manager, Hindustan Petroleum Corporation Limited, Kappalur, Madurai.

.. Respondents in both W.Ps.

PRAYER IN W.P(MD)No.3203/2015: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to dispose the petitioner's representation dated 31.01.2015 relating with the payment of enhanced compensation for the acquisition of his lands, measuring 95 cents in S.No.7/14 and 150 cents in S.No.16/2A1A1 in Sokkanathanpatti Village in the light of provision of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013 within a time to be fixed by this Court. PRAYER IN W.P(MD)No.3204/2015: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance

of a Writ of Mandamus directing the respondents to dispose the petitioner's representations dated 31.01.2015 and 10.08.2013 relating with the payment of enhanced compensation for the acquisition of her lands measuring 67 cents and comprised in S.No.15/3, 52 cents in S.No.7/12, 37 cents in S.No.15/1, 33 cents in S.No.15/2, 21 cents in S.No.16/3A and 341⁄2 cents in S.No.16/5A1 in Sokkanathanpatti Village in the light of provision of the Right to Fair Compensation adn Transparency in Land Acquisition, Rehabilitation Act, 2013 within a time to be fixed by this Honourable Court.

PRAYER IN W.P(MD)No.3205/2015: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to dispose the petitioner's representation dated 31.01.2015 relating with the payment of enhanced compensation for the acquisition of his lands, measuring 90 cents in S.No.19/2A in Sokkanathanpatti Village in the light of provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013 within a time to be fixed by this Court.

PRAYER IN W.P(MD)No.3206/2015: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to dispose the petitioner's representation dated 31.01.2015 relating with the payment of enhanced compensation for the acquisition of his lands, measuring 1 Acre 5 cents in compresed S.No.19/1A1A in Sokkanathanpatti Village in the light of provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013 within a time to be fixed by this Court. For Petitioner : Mr.R.Suriyanarayanan in both W.Ps.

For Respondents 1 to 3 : Mr.J.Gunaseelan Muthaiah, in both W.Ps.

Government Advocate.

For Respondents 4 and 5 : Mr.M.Sridhar in both W.Ps.

COMMON ORDER These writ petitions are filed seeking a writ of Mandamus to direct the respondents to pay enhanced compensation for the acquisition of their lands, situate in Sokkanathanpatti Village in the light of provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013, based on their representations, dated 31.01.2015 and 10.08.2013, within a time to be fixed by this Court.

2.The case of the petitioners is that in the year 2009, the respondents 4 and 5, for the purpose of future expansion of plant,

acquired the lands of the petitioners mentioned in the petitions and the compensation was paid only on 25.08.2014. According to the petitioners, since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013, has come into force in the year 2013, they are entitled to enhanced compensation. Therefore, they made representations for payment of enhanced compensation. Since the same have not been considered, the petitioners are before this Court.

3.Since the issue involved in all these writ petitions, is one and the same, they are taken up for hearing together and disposed of by this common order.

4.Heard both sides.

5.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the representations of the petitioners had already been considered and necessary orders have been passed on 13.02.2015.

6.Recording the same, the writ petitions are disposed of, directing the respondents 2 and 3 to furnish copies of the orders dated 13.02.2015 to the petitioners within a period of two weeks from the date of receipt of a copy of this order. If the petitioners are aggrieved over the same, it is always open to them to seek appropriate legal recourse.

sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai - 5. 2.The District Collector, Madurai District.

3. The Revenue Divisional Officer/Land Acquisition Officer, Usilampatti, Madurai District.

+4ccs to Mr.M.Sridher, Advocate in SR.No.69976,69977,69978,69979 +1cc to The Special Government Pleader in SR.No.70970, 70978, 70963, 70971 smn AE/JC/SAR3/24.08.2017/4P/9C COMMON ORDER MADE IN W.P(MD)Nos.3203 to 3206 of 2015 03.08.2017