Deepalakshmi. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Deepalakshmi ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Special District Revenue Officer (Land Acquisition), Tamilnadu Road Project Sector -II, Tiruchirappalli.

3.The Land Acquisition Officer-CumDistrict Revenue Officer, Virudhunagar, 4.The Divisional Engineer (Highways Project), Office of the Divisional Engineer, Tirunelveli - 2.

5.The Tahsildar, Rajapalayam, ... 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 2 and 3 to determine the compensation for the building constructed in the 1/4

2nd floor and the concrete water tank constructed in the 3rd Floor comprised in Town, Survey No.29/2 situated in Block-26, Ward-G, Rajapalayam Town, Virudhunagar District and there after to pay the entire compensation as per the provisions of the Tamilnadu State Highways Act, 2001 as well as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 along with interest by considering the petitioner's representation dated 04.06.2024.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.D.Sasikumar, Addl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner's property was acquired under the provisions of the Tamil Nadu Highways Act, 2001. The petitioner had put up a two storied building. A tank had also been put up in the terrace. It is admitted that compensation had been paid for the land, ground floor and first floor. But compensation for second floor and the tank in the third floor has not been paid. That is why, this writ petition has been filed. 2/4

3.The learned Additional Government Pleader for the respondents states that award for payment of compensation for second floor and tank in the third floor would be passed within a period of three months from the date of receipt of a copy of this order and compensation will be disbursed within a period of three months thereafter.

4.With this direction to the respondents 2 and 3, the writ petition is allowed. No costs.

19.07.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Special District Revenue Officer (Land Acquisition), Tamilnadu Road Project Sector -II, Tiruchirappalli.

3.The Land Acquisition Officer-CumDistrict Revenue Officer, Virudhunagar, 3/4

G.R.SWAMINATHAN, J.

ias 4.The Divisional Engineer (Highways Project), Office of the Divisional Engineer, Tirunelveli - 2.

5.The Tahsildar, Rajapalayam, 19.07.2024 4/4