S.Vairamani v. The Union Of India

1 W.P.(MD)NO.15526 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15526 of 2019 S.Vairamani ... Petitioner Vs.

1. The Union Of India, Rep. by the Secretary to Central Government, Ministry of Road Transport and Highways, New Delhi.

2. The District Collector, Trichy District, Trichy.

3. The District Revenue Officer / Authorised Officer of National Highways Authority of India, Trichy, Trichy District.

4. The Special Tahsildar (Land Acquisition), Trichy - Karur National Highways No.67, Trichy.

5. The Project Director, O/o.The Project Director, National Highways Authority of India (NH-67), No.10, Kamathenu Nagar, Karur Town, Karur District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.22,00,000/- (Rupees Twenty Two Lakhs only) as damages for laying road without 1/4

2 W.P.(MD)NO.15526 OF 2019 acquisition process being completed, in the petitioner's land to an extent of 55 cents in S.F.No.129/7 and an extent of 55 cents in S.F.No.129/10 of Thayanur Village, Srirangam Taluk, Trichy District, based on the proceedings of the fourth respondent in Na.Ka.No.A2/20/2008 dated 20.02.2019 and the petitioner's representation dated 19.02.2019 within the time frame.

For Petitioner : Ms.V.Karuna For R-1 : Mr.K.Ashok Kumar, Senior Panel Counsel.

For R-2 to R-4 : Mr.M.Prakash, Additional Government Pleader.

For R-5 : Mr.C.Arul Vadivel @ Sekar, Standing Counsel.

* * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner alleges that even though his land has been acquired under the National Highways Act, he has not been paid any compensation amount so far. 2/4

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3. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the State submitted that the award has already been passed and the compensation payable to the petitioner has been quantified as Rs.13,91,754/- and that steps are being taken to disburse the same.

4. The third respondent is directed to serve a copy of the award on the petitioner forthwith and without any delay. The compensation shall also be disbursed expeditiously within a period of eight weeks from the date of receipt of a copy of this order. It is of course open to the petitioner to seek enhancement of the award amount. This writ petition stands allowed on these terms. No costs.

01.09.2022 Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.15526 OF 2019 G.R.SWAMINATHAN,J.

PMU To:

1. The Secretary to Central Government, Ministry of Road Transport and Highways, New Delhi.

2. The District Collector, Trichy District, Trichy.

3. The District Revenue Officer / Authorised Officer of National Highways Authority of India, Trichy, Trichy District.

4. The Special Tahsildar (Land Acquisition), Trichy - Karur National Highways No.67, Trichy.

5. The Project Director, O/o.The Project Director, National Highways Authority of India (NH-67), No.10, Kamathenu Nagar, Karur Town, Karur District. W.P.(MD)No.15526 of 2019 01.09.2022 4/4

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