M.Kanagaraj, v. The Government Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2024
CORAM
THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.13697 of 2018 1.M.Kanagaraj 2.Murugaiyan 3.Nagarathinam 4.Amaravathi 5.Balakrishnan ... Petitioners /vs./ 1.The Government of Tamil Nadu, Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai 600 009.
2.The Collector, Collector Office, 1/6
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 4.The Special Tahsildar (LA), Neighbourhood Scheme, Trichy.
5.The Executive Engineer and Administrative Officer, Trichy Housing Unit, Trichirapalli 20.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaration that the acquisition proceedings initiated by the 3rd respondent vide Award No.1/86, Rc.A.No.107/82, dated 06.06.1986 in respect of petitioners properties situated in S.F.No.1399/1 an extent of 86 Cents out of 1 Acres 7 Cents and each of the petitioners gets to an extent of 21 Cents of Sanarpiratti Village, Karur Taluk, Karur District lapsed as per the Sections 101 and 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequently direct the respondents to hand over the possession of the land to an extent of 86 cents ie., 21 cents each to the petitioners.
For Petitioners : Mr.V.R.Venkatesan For R1 to R4 : Mr.B.Saravanan Government Advocate For R5 : Mr.M.Suresh Standing Counsel 2/6
ORDER
The above writ petition has been filed for a Writ of declaration to declare that the acquisition proceedings initiated by the third respondent vide Award No. 1/86, Rc.A.No.107/82, dated 06.06.1986 in respect of petitioners' properties in S.F.No.1399/1, measuring an extent of 86 cents out of 1 acre and 7 cents, and each of the petitioners get to an extent of 21 cents at Sanarpiratti Village, Karur Taluk, Karur District lapsed as per the Sections 101 and 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and consequently to direct the respondents to hand over the possession of the land, ie., 21 cents each to the petitioners.
2. From the counter filed by the fifth respondent and the typed set of papers, it is seen that originally an extent of 99.59 acres was sought to be acquired and ultimately, an award was passed for 67.71 acres, which included the petitioners' lands. The details of the Scheme, which has been annexed in the typed set of papers filed by the fifth respondent, would indicate that these lands were acquired for the construction of 59 MIG and 27 HIG houses in Stage II Senepretty Phase II at Karur. This scheme is situated at the northern side of 3/6
Gandhigramam Byepass Road and eastern side of Dindigul and Karur Railway Line. Most of the houses have also been handed over to the allottees, the basic amenities have been provided, common areas have been handed over to the Local Authority for maintenance and compensation has also been deposited to the credit of L.A.O.P. No.8 of 1990.
3. In the light of the above, nothing survives for further consideration in the above writ petition. The Writ Petition stands dismissed as infructuous, accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 28.08.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Secretary to Government, Housing and Urban Development Department, Fort St.George, Chennai 600 009.
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2.The Collector, Collector Office, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 4.The Special Tahsildar (LA), Neighbourhood Scheme, Trichy.
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P.T.ASHA, J.
mm 28.08.2024 6/6