Madras High CourtWP(MD)/15672/2019dismissed

K.Rakku v. Union Of India

2021-07-22Honourable Mr Justice N. Anand Venkatesh12 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 12.07.2021 Delivered on 22.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).Nos.13122, 13123, 15672, 15675 to 15685 of 2019, 16147, 17013, 17174, 17180 of 2019 and W.M.P.(MD).Nos.12363, 12358, 12359, 12360, 12836, 12364, 12355, 12356, 13581, 12361, 12362, 13695, 12354, 12357, 13693, 12346 of W.P.(MD).No.15672 of 2019 A.Muthuramalingam ... Petitioner(s) in WP(MD). 13122/ 2019 S.Chellammal ... Petitioner(s) in WP(MD). 13123/ 2019 K.Rakku ... Petitioner(s) in WP(MD). 15672/ 2019 S.Marakathammal ... Petitioner(s) in WP(MD). 15675/ 2019 P.Karuppiah ... Petitioner(s) in WP(MD). 15676/ 2019 P.Sathaiya ... Petitioner(s) in WP(MD). 15677/ 2019 P.Vijaya ... Petitioner(s) in WP(MD). 15678/ 2019 R.Perumal ... Petitioner(s) in WP(MD). 15679/ 2019 Muthurakku ... Petitioner(s) in WP(MD). 15680/ 2019 Udayakkal ... Petitioner(s) in WP(MD). 15681/ 2019 Santhaivaliyan ... Petitioner(s) in WP(MD). 15682/ 2019 R.Shanmugam ... Petitioner(s) in WP(MD). 15683/ 2019 R.Meenambal ... Petitioner(s) in WP(MD). 15684/ 2019 R.Kala ... Petitioner(s) in WP(MD). 15685/ 2019

1. K.Kala

2. K.Mala

3. K.Malarvizhi ... Petitioner(s) in WP(MD). 16147/ 2019 S.Shanmuganathan ... Petitioner(s) in WP(MD). 17013/ 2019 M.Murugesan ... Petitioner(s) in WP(MD). 17174/ 2019 K.Chellan ... Petitioner(s) in WP(MD). 17180/ 2019 1/12

Vs.

1.Union of India, Rep.By its Secretary, Ministry of Road, Transport and Highway, New Delhi.

2.The Chief Engineer, (National High Ways), Public Works Department, State of Tamilnadu, Chennai.

3.The Project Director And Executive Engineer, Public Works Dept., National Highways, Karaikudi, Sivagangai District 4.The District Collector, Ramnad District 5.The Prescribed Authority Cum Special District Revenue Officer / Land Acquisition Officer Madurai - Dhanushkodi National High Ways No.49, Ramnad District ... Respondents in all cases Prayer in WP(MD). 13122/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records in pursuant to the 5th respondent impugned Award No.28/2014-2015 in Na.Ka / NH 49 / Unit, V / 142 / 2013 dated 21/07/2014 quash the same and consequently direct the 5th respondent to determine the Award under the First Schedule of the Land acquisition Act, 2013 according to the 1st respondent guideline dated 28/12/2017 in accordance with law in respect of petitioner's properties in S.No.104/3A Part, in an extent of 1420 Sq.metre, S.No.120/2c part in an of 76 sq.metre and S.No.134/4B part in an extend of 2669 sq.metre in Achundanvayal Village,Ramnathapuram Taluk,Ramnathapuram District. Prayer in WP(MD). 13123/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the 5th respondent Impugned Award No. 28/2014-2015 in Na.Ka/N.H.49/ Unit, V/142/2013 dated 21.07.2014 quash the same and consequently 2/12

direct the 5th respondent to determine the Award under the First Schedule of the Land Acquisition Act, 2013 according to the 1st respondent guideline dated 28.12.2017 in accordance with law in respect of petitioners properties in S.No.108/2B part in an extent of 3040 Sq.metre out of 6500 sq.metre in Achundanvayal Village, Ramnathapuram Taluk, Ramnathapuram District.

Prayer in WP(MD). 15672/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the 5th respondent impugned Award No.28/2014-2015 in Na.Ka/NH.49/Unit, V/142/2013 dt.21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award, under the First Schedule of the Land Acquisition Act, 2013 according to the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner mother's properties in S.No.107/2B,part in an extent of 3110 Sq.metre out of 50 cents in Achundanvayal Village,Remnathapuram Taluk, Ramnathapuram District. Prayer in WP(MD). 15675/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records in pursuant to the 5th respondent Impugned Award No. 28/2014-2015 in Na.Ka./N.H.49/ Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award, under the First Schedule of the Land Acquisition Act, 2013 according to the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's properties in S.No.108/2B, part in an extent of 2940 Sq.metre out of 1 acre 60 cents in Achundanvayal Village, Ramnathapuram Taluk,Ramnathapuram District. Prayer in WP(MD). 15676/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records in pursuant to the 5th respondent Impugned Award No. 28/2014-2015 in Na.Ka./N.H.49/ Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award, under the First Schedule of the Land Acquisition Act, 2013 according to the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's properties in S.No.107/1B, part in an extent of 1030 Sq.metre out of 77 cents in Achundanvayal Village, Ramnathapuram Taluk, Ramnathapuram District.

Prayer in WP(MD). 15677/ 2019 :

the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's properties in S.No.107/3, part and 107/4 part in an extent of 1289 Sq.metre out of 1 acre 53 cents in Achundanvayal Village, Ramnathapuram Taluk, Ramnathapuram District. Prayer in WP(MD). 15678/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records in pursuant to the 5th respondent Impugned Award No. 28/2014-2015 in Na.Ka./N.H.49/ Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award, under the First Schedule of the Land Acquisition Act, 2013 according to the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's husband Paneerselvam property in S.No.134/3, part in an extent of 2700 Sq.metre out of 1 acre 50 cents in Achundanvayal Village, Ramnathapuram Taluk, Ramnathapuram District.

Prayer in WP(MD). 15679/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the 5th respondent impugned Award NO.28/2014-2015 in Na.Ka/NH.49/Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award under the first schedule of the Land Acquisition Act, 2013 according to the 1t Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's property in S.No.104/1A, part in an extend of 2230 Sq.metre out of 76 cents in Achundanvayal Village, Ramnathapuram Taluk, Ramnathapuram District.

Prayer in WP(MD). 15680/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the 5th respondent impugned Award NO.28/2014-2015 in Na.Ka/NH.49/Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award under the first schedule of the land Acquisition Act, 2013 according to the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's husband properties in S.No.134/4A, part in extend of 1230 Sq.metre out of 80 cents and S.No.134/4C, Part 85 Sq.metre in Achundanvaya Village, Ramnathapuram Taluk, Ramnathapuram District.

Prayer in WP(MD). 15681/ 2019 :

the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's properties in S.No.102/2B, part in an extent of 2253 sq.metre out of 2671 sq.metre in Achundanvayal Village, Ramanathapuram Taluk, Ramanathapuram District. Prayer in WP(MD). 15682/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records in pursuant to the 5th respondent Impugned Award No. 28/2014-2015 in Na.Ka./N.H.49/ Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award under the First Schedule of the land Acquisition Act, 2013 according to the 1st Respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner Mother's-in-law property in S.No.99/6D1A, Part in an extend of 45 sq.metre in Achundanvayal Village, Ramanathapuram Taluk, Ramanathapuram District. Prayer in WP(MD). 15683/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the 5th respondent impugned Award NO.28/2014-2015 in Na.Ka/NH.49/Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award under the first schedule of the land Acquisition Act, 2013 according to the 1st respondent guideline dated 28.012.2017 in accordance with lay in respect of petitioner's property in S.C.No.101/3B2, part in an extent of 19 cents in Achundavayal village, Ramanathapuram Taluk, Ramanathapuram Distrit.

Prayer in WP(MD). 15684/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To Call for the records in pursuant to the 5th respondent Impugned Award No. 28/2014-2015 in Na.Ka./N.H.49/ Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award under the First schedule of the Land Acquisition Act, 2013 according to the 1st respondent guideline dated 28.12.2017 in accordance with lay in respect of petitioner's properties in S.no. 133/1, part in an extentof 1670 sq.metre out of 1 acre 25 and S.No.133/4 part, in an extent of 1866 sq. metre out of 1 acre 33 cents in chundanvayal Village, Ramanathapuram Taluk, Ramanathapuram District. Prayer in WP(MD). 15685/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the 5th respondent impugned Award NO.28/2014-2015 in Na.Ka/NH.49/Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to determine the Award under the first schedule of the land Acquisition Act, 2013 According to the 1st respondent guideline dated 28.12.2017 in accordance with law in respect of petitioner's property in S.No.105/1 part in an extent 5/12

of 970 sq.netre out of 1 acres 94 cents in Achndanvayal Village, RamanathapuramTaluk, Ramnathapuram Disitrict. Prayer in WP(MD). 16147/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records in pursuant to the 5th respondent impugned Award No.28/2014-2015 in Na.Ka./NH 49 / Unit V /142/2013 dated 21/07/2014 quash the same and consequently direct the 5th respondent to determine the Award, under the First Schudule of the Land Acquisition Act, 2013 according to the 1st respondent guideline dated 28/12/2017 in accordance with law in respect of petitioner properties in 1) S.No.99/4A1, part in an extent of 180 metre, 2) S.No.99/4A2, part in and extend of 373, 3) S.No. 99/4C, part in an extent of 199 sq.metre, 4) S.No.99/6C1, part in an extent of 74 sq metre, 5)S.No.99/6D1B, part in an extent of 3 sq metre,6)S.No.100/10, part in an extent of 1532 sq metre,7) S.No.100/11, part in an extent of 2637 sq metre and 8)S.No.101/3, part in an extent of 3650 sq metre,in an total extent of 8648 sq.metre and S.No.100/9in an extent of 1387 Sq.metre out of 39.50 Acre in Achundanvayal Village, Ramnathapuram Taluk, Ramanathapuram District.

Prayer in WP(MD). 17013/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records in pursuant to the 5th respondent Impugned Award No.28/2014-2015 in Na.Ka/N.H.49/Unit, V/142/2013 dated 21.07.2014 quash the same and consequently direct the 5th respondent to redetermine the Award, under the 1st Schedule of the Land Acquisition Act, 2013 accordance with law in respect of petitioner`s properties in S.No.106/1, part in an extent of 751 Sq.m, out of 3 Acre 15 cents and S.No 133/5 in an extent of 2018 Sq.m out of 1 Acre 50 cents in Achndnvayal village,Ramanathapuram Taluk Ramanathapuram District. Prayer in WP(MD). 17174/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Call for the records in pursuant to the 5th respondent impugned Award No.28/2014-2015 in Na.Ka/N.H.49/Unit, V/142/2013 dt.21/07/2014 quash the same and conseuqnetly direct the 5th respondent to redetermine the Awad under the First Schedule of the Land Acquisition Act 2013 according to the 1st respondent guideline dt.28.12.2017 in accordance with law in respect of petitioner properties in S.NO.102/3B3, in an extent of 2710 Sq.m out of 1 Acre 22 cents in Achundanvayal Village, Ramnad Taluk, Ramnad District.

Prayer in WP(MD). 17180/ 2019 :

conseuqnetly direct the 5th respondent to redetermine the Awad under the First Schedule of the Land Acquisition Act 2013 according to the 1st respondent guideline dt.28.12.2017 in accordance with law in respect of petitioner properties in S.NO.132/2A, in an extent of 2570 Sq.m out of 1 Acre in Achundanvayal Village, Ramnad Taluk, Ramnad District.

For Petitioners in all Writ Petitions Mr.J.John For Respondent No.1 in W.P.(MD).Nos.15679 to 15685 of 2019, 17013 of Mr.P.Paulpandi Senior Panel Counsel For Respondent No.1 in W.P.(MD).Nos.15672, 15676, 15677, 15678, 16147 and 17174 of 2019 Mr.G.Rajaraman Central Government Standing Counsel For Respondent No.1 in W.P.(MD).No.13122 and 13123 of 2019 Mr.B.Rajesh Saravanan Central Government Standing Counsel For Respondent No.1 in W.P.(MD).No.17180 of 2019 Mr.S.Jeyasingh Senior Panel Counsel For Respondent No.3 in all Writ Petitions Mr.C.Arul Vadivel @ Sekar For Respondent Nos.2, 4 and 5 Mr.R.Suresh Kumar, Government Advocate COMMON ORDER The issue involved in all these Writ Petitions are common and hence, they are taken up together, heard and disposed of through this common order.

2. The writ petitioners are challenging the award passed by the fifth respondent under Section 3G of the National Highways Act, 1956, (hereinafter called as "the Act") and for a consequential direction to direct the fifth respondent to determine the award under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter called as "the New Act") and to pay the compensation to the petitioners with respect to the lands acquired from them.

3. A Notification was issued under Section 3 A (1) of the Act on 29.03.2012 and it was published in the Local Daily on 01.06.2012. The Gazette Notification under Section 3 D (1) of the 7/12

Act was made on 28.03.2013 and it was published in the Local Daily on 20.05.2013.

4. Thereafter, the fifth respondent issued notice to the petitioners and conducted an enquiry under Section 3G of the Act for determination of the compensation amount payable to the petitioners. An award came to be passed by the first respondent on 21.07.2014.

5. The grievance of the petitioners is that the award amount was deposited in the Bank Account of the petitioners only on 28.04.2015 and in the meantime, the Guidelines, dated 28.12.2017, issued by the Central Government, came into force and since the compensation was not paid on or before 01.01.2015, the same has to be redetermined in accordance with the New Act as per Clause 4.6 (iii) (b) of the 2017 Guidelines. Hence, the award passed by the fifth respondent has been put to challenge before this Court.

6. The third respondent has filed a counter affidavit and a specific stand has been taken to the effect that the total award amount of Rs.3,78,05,449 (Rupees Three Crores Seventy Eight Lakhs Five Thousand Four Hundred and Forty Nine only) was deposited before the Competent Authority for Land Acquisition (hereinafter called as "the CALA") on 05.12.2014 and hence, the petitioners are not entitled to the benefits provided under the 2017 Guidelines. It has been further stated in the counter affidavit that the compensation amount has been deposited in favour of the petitioners on 27.04.2015 and the petitioners are attempting to reopen the award that has already become final. A further stand has been taken to the effect that the petitioners ought to have challenged the compensation before the District Collector under Section 3 G (5) of the Act and without exercising the said option, the present Writ Petitions are not maintainable and the same are liable to be dismissed.

7. Heard Mr.John, learned counsel appearing for the petitioners in all these Writ Petitions, Mr.P.Paul Pandi, learned Senior Panel Counsel for the first respondent in W.P.(MD).Nos.15679 to 15685 and 17013 of 2019, Mr.G.Rajaraman, learned Central Government Standing Counsel for the first respondent in W.P.(MD). Nos.15672, 15676, 15677, 15678, 16147 and 17174 of 2019, Mr.B.Rajesh Saravanan, learned Central Government Standing Counsel for the first respondent in W.P.(MD).Nos.13122 and 13123 of 2019, Mr.S.Jeyasingh, learned Senior Panel Counsel for the first respondent in W.P.(MD). No.17180 of 2019, Mr.C.Arul Vadivel @ Sekar, learned Counsel appearing for the third respondent in all these Writ Petitions and Mr.R.Suresh Kumar, learned Government Advocate appearing for the respondents 2, 4 and 5 in all Writ Petitions.

8. The only issue that arises for consideration in the present case is as to whether the petitioners are entitled to the benefits conferred under the 2017 Guidelines issued by the first 8/12

respondent. For proper appreciation, the relevant Clause in the Guidelines is extracted hereunder:- "4.6. Date of determination of market value of land (i)...

(ii)...

(iii).By now, it is also a settled proposition that the First, Second and Third Schedule of the RFCTLARR Act, 2013, shall be applicable to the NH Act, 1956, with effect from 01.01.2015. As such, the following is clarified:

(a). All cases of Land Acquisition where the Awards had not been announced under Section 3G of the NH Act till 31.12.2014 or where such awards had been announced but compensation had not been paid in respect of majority of the land holdings under acquisition as on 31.12.2014, the compensation would be payable in accordance with the First Schedule of the RFCTLARR Act, 2013.

(b). In cases, where the land acquisition process was initiated and award of compensation under Section 3G had also been announced before 01.01.2015 but the full amount of Award had not been deposited by the acquiring agency with the CALA, the compensation amount would be liable to be determined in accordance with the First Schedule with effect from 01.01.2015.

(c). In cases, where the process of land stood completed (i.e. Award under Section 3G announced by CALA, amount deposited by the acquiring agency with the CALA, and compensation paid to the land owners in respect of majority of the land under acquisition) as on or before 31.12.2014, the process would be deemed to have been completed and settled. Such cases would not re-opened."

9. When the New Act came into force, Section 105 (3)of the Act provided that the Central Government by Notification can direct any of the provisions of the New Act with respect to determination of compensation in accordance with the First Schedule, to be applied even to land acquisition cases falling under the Enactments specified under the IV Schedule. One of the Enactment that has been mentioned under the IV Schedule is the National Highways Act.

10. Keeping this in mind, the first respondent issued the necessary Guidelines dated 28.12.2017 and provided for the applicability of the New Act for determination of compensation subject to the same coming within the parameters of Clause 4.6 (iii) (a) or (b).

9/12

11. A careful reading of Clause 4.6 (iii) (a) shows that the New Act can be applied for determination of compensation if the award has not been announced till 31.12.2014 or where the award has been announced but the compensation has not been paid in respect of majority of the land holdings as on 31.12.2014. This Clause will not apply to the case of the petitioners, since the award has been passed under Section 3 G of the Act on 21.07.2014 itself.

12. Insofar as the Clause 4.6 (iii) (b) is concerned, it will apply to cases where the award has been passed before 01.01.2015, but the full award amount has not been deposited by the Acquiring Agency with CALA. It has to be seen if this clause will apply to the case of the petitioners.

13. In this case, the award was passed by the fifth respondent under Section 3G of the Act on 21.07.2014. This award was approved on 01.12.2014 and the same is clear from the approval letters available at Page Nos.80 and 82 of the typed set of papers filed by the third respondent. Thereafter, the award amount to the tune of Rs.3,78,05,449/- has been deposited with the CALA on 05.12.2014. The same is clear from the entries made in the joint account of CALA and NHAI. The relevant entries are also found at page No.87 of the typed set of papers.

14. On a careful perusal of all these documents, it is clearly seen that the award amount has been deposited well before 01.01.2015 and therefore, the petitioners will not be entitled to the benefits conferred under Clause 4.6 (iii) (b) of the 2017 Guidelines. The petitioners cannot take advantage of the date of receipt of the award on 27.04.2015, since the scheme does not fix the cut off date based on the receipt of the compensation and it is fixed only based on the date of deposit of the award amount with CALA.

15. In the present case, Clause 4.6 (iii) (c) will clearly apply and in all those cases, it is deemed to have been completed and settled and it cannot be reopened.

16. The Judgment cited by the learned counsel appearing for the petitioners passed by the Rajasthan High Court will not apply to the facts of the present case, since the petitioners do not satisfy the requirements under Clause 4.6 (iii) (a) or (b). At the best, the petitioners should have filed an application before the District Collector, who is the Arbitrator under Section 3 G (5) of the Act, if they are not satisfied with the compensation awarded by the fifth respondent. Admittedly, the same has not been done in this case.

17. In view of the above discussion, this Court does not find any ground to grant the relief as sought for by the petitioners 10/12

and accordingly, all these Writ Petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Government of India,Union of India, Ministry of Road Transport and Highway, New Delhi. 2.The Chief Engineer, (National High Ways), Public Works Department, State of Tamilnadu, Chennai-600 005.

3.The Project Director and Executive Engineer, Public Works Dept., National Highways, Karaikudi, Sivagangai District 4.The District Collector, Ramnad District 5.The Prescribed Authority Cum Special District Revenue Officer / Land Acquisition Officer, Madurai - Dhanushkodi National High Ways No.49, Ramnad District +1 CC to Mr.C.ARULVADIVEL, Advocate ( SR-23442[F] dated 22/07/2021 ) +1 CC to MR.G.RAJARAMAN, Advocate ( SR-23434[F] dated 22/07/2021 ) +18 CC to Mr.J.JOHN, Advocate SR Nos.23647 to 23664 11/12

+1 CC to Mr.S.Jeyasingh, Advocate, SR.No.23571 +1 CC to Mr.P.Paul Pandi, Advocate, SR.No.23463 +1 CC to Special Government Pleader ( SR-23876[F] dated 26/07/2021 ) W.P.(MD).Nos.13122, 13123, 15672, 15675 to 15685 of 2019, 16147, 17013, 17174, 17180 of 2019 Dated :

22.07.2021 MGJ(04.08.2021) 12P 29C 12/12