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Madras High CourtWP(MD)/17083/2020disposed of

M. Maria Rajendra Arulappan (Died) v. The District Collector

2023-12-08Honourable Mr Justice N. Anand Venkatesh8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Maria Rajendra Arulappan (died) 1.P.Mariya Rethinabai 2.M.Mary Inigo 3.Msty Obeelia 4.Mary Wilbertina 5.Selastin Mary 6.M.Britto Jayasingh 7.Yusplous 8.Jain Antitus ... Petitioners (P1 to P8 are substituted vide Court order dated 22.11.2023 in W.M.P(MD)No.23692 of 2023) Vs.

1.The District Collector Kanyakumari District, Nagercoil.

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2.The Competent Authority and District Revenue Officer Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District.

3.The Project Director Cum DGM (Tech), No. 314E, K.P.Road, Near Ayappan Kovil, Parvathipuram, Nagercoil - 629 003, Kanyakumari District.

4.The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first respondent to pass orders on the representation dated 20.04.2020 for re-fixation of compensation awarded, in the modified award No.7/2015-30 dated 10.09.2018 as per the provision of Section 26 to 30 of the Right to 2/8

Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) and by applying multiplier two and pay the revised compensation together with interest and other benefits to the petitioner. For Petitioner : Mr.G.Justin For Respondents : Mrs.D.Farjana Ghoushia- for R1 & R2 Special Government Pleader Mr.Su.Srinivasan - for R3 Standing Counsel Mr.V.Malaiyendran - for R4 Central Government Standing Counsel

O R D E R

This Writ Petition was filed for the issue of a Writ of Mandamus directing the first respondent to pass orders on the representation dated 20.04.2020 made by the petitioner seeking for refixation of the compensation awarded in modified Award No. 7/2015-30 dated 10.09.2018 as per the provisions of Section 26 to 30 of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013. 3/8

2. When the matter was taken up for hearing on 01.12.2023, this Court passed the following order: "When the matter was taken up for hearing, the learned Additional Government Pleader produced the written instructions received from the second respondent. On going through the same, it is seen that a reference has been made to the proceedings of the District Collector, dated 11.06.2019. It is also mentioned in the written instructions that the petitioner was paid enhanced compensation of Rs.33,77,172/- and solatium of Rs.11,63,031/-. 2.The learned counsel for the petitioner submitted that there is no dispute with regard to the fact that the petitioner was paid the compensation of Rs.33,77,172/- along with solatium.

The learned counsel further contended that the compensation was fixed based on the joint meeting that was headed by the Collector, wherein, it was decided to fix the market value as on 01.04.2012. The learned counsel further submitted that the petitioner has independently filed an appeal under Section 3(G)(5) of the National Highways Act on 22.10.

District Collector. A representation was made in this regard by the petitioner on 20.04.2020 and this also did not evoke any response.

3.The learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 and also the learned Standing Counsel appearing on behalf of the National Highways Department shall take specific instructions as to the status of the appeal that was filed by the petitioner on 22.10.2018 before the District Collector under Section 3(G) (5) of the National Highways Act.

4.Post the matter under the same caption on 08.12.2023."

3. When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and the Standing Counsel appearing on behalf of the third respondent and learned Central Government Standing Counsel appearing for the fourth respondent clarified this Court that the appeal that was filed by the petitioner dated 22.10.2018 was dealt with by the District Collector / Arbitrator and the enquiry was 5/8

attended by the son of the petitioner named Britto Jayasingh and his statement was also recorded. Based on the same, the final order / Award was passed by the District Collector / Arbitrator on 11.06.2019 by enhancing the compensation and this compensation amount was also paid to the petitioner on 16.03.2020. Thus, the learned counsel appearing on behalf of the respondents have clarified the query that was posed by this Court during the earlier hearing.

4. In view of the above, the relief as sought for by the petitioner cannot be granted by this Court and this Writ Petition is disposed of accordingly. No costs.

08.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No RM To 6/8

1.The District Collector Kanyakumari District, Nagercoil.

2.The Competent Authority and District Revenue Officer Land Acquisition National Highways, Tirunelveli @ Nagercoil, Kanyakumari District.

3.The Project Director Cum DGM (Tech), No. 314E, K.P.Road, Near Ayappan Kovil, Parvathipuram, Nagercoil - 629 003, Kanyakumari District.

4.The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Transport Bhawan, No.1, Parliament Street, New Delhi.

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N.ANAND VENKATESH, J.

RM 08.12.2023 8/8