Balasubramanian v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.25149 & 25150 of 2023 Balasubramanian ... Petitioner Vs.

1.The Union of India, New Delhi, By its Principal Secretary, Civil Aviation Department, New Delhi.

2.The Director General of Civil Aviation, Safdar Jung, New Delhi.

3.The State represented by The Secretary to Government, Industries Department, 1/6

4.The State represented by The Secretary to Government, Public Works & Irrigation Department, 5.The District Collector, 6.The District Revenue Officer, 7.The Airport Director, Airport Authority of India, Trichy Airport, Trichy - 07.

8.The Chief Engineer, River Conservation Division, Public Works Department, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the sixth respondent Tiruchirappalli District Gazette Notification No.8, dated 13.09.2017 for the acquisition of petitioner's land for the extension of the Tiruchirappalli International Airport and quash the same as illegal. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.K.Govindarajan Deputy Solicitor General of India for R.1, R.2 & R.7 2/6

Mr.M.Siddharthan Additional Government Pleader for R.3 to R.6

ORDER

Heard both sides.

2.The petitioner questions the land acquisition proceedings. Similarly placed individuals filed W.P(MD)No.22916 of 2017 etc batch. They were disposed of on 10.04.2023 in the following terms: "6. By the impugned notice, the respective petitioner was put on notice about the acquisition proceedings so as to elicit objections, if any, in relation thereto. In view of the subsequent developments relating to the amendment of the Fifth Schedule of the RFCTLARR Act, the foundation of the respective writ petition has collapsed. By taking notice of these developments, all these writ petitions are disposed of by leaving it open to the respective petitioner to respond to the respective notice within a maximum period of fifteen days from the date of receipt of a copy of this order and raise objections, if any. All matters, including the payment of compensation and interest, if any, thereon are left open to be decided by the appropriate authorities. Consequently, 3/6

connected miscellaneous petitions are closed. There shall be no order as to costs."

Questioning the same, they filed W.A(MD)Nos.1737 & 1741 of 2023. The writ appeals were dismissed on 10.10.2023. Paragraph 5 of the said order reads as follows:

"5.Thus, the appellants / writ petitioners are at liberty to submit their objections / suggestions, within a period of 15 days from today and the authorities competent may consider the same and thereafter, proceed with the acquisition by following the procedures as contemplated under the Act."

This writ petition is disposed of on the same lines. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

11.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 4/6

To 1.The Principal Secretary, Union of India, New Delhi, Civil Aviation Department, New Delhi.

2.The Director General of Civil Aviation, Safdar Jung, New Delhi.

3.The Secretary to Government, Industries Department, 4.The Secretary to Government, Public Works & Irrigation Department, 5.The District Collector, 6.The District Revenue Officer, 7.The Airport Director, Airport Authority of India, Trichy Airport, Trichy - 07.

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G.R.SWAMINATHAN, J.

MGA 8.The Chief Engineer, River Conservation Division, Public Works Department, and W.M.P(MD)Nos.25149 & 25150 of 2023 11.12.2023 6/6