Madras High CourtWP(MD)/25515/2024allowed

A. Saroja v. The Competent Authority Cum District Revenue Officer

2024-10-25Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Saroja .. Petitioner Vs.

1.The Competent Authority cum District Revenue Officer, National Highways Authority of India, NO.11/A, Indira Nagar, Sennamanaickenpatti, Dindigul.

2.The Project Director, N.H.45, National Highways Authority of India, New No.6 (Old No.46), First Floor, 3rd Main Road, Ponnagar, Trichirappalli-620 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to consider and dispose of the representation of the petitioner, dated 23.08.2024 and take steps to order payment of compensation for the lands compulsorily acquired from the petitioner in a sum of Rs.26,28,972/- (Rupees twenty six lakhs, twenty eight thousand and nine

hundred and seventy two only) within a time frame that may be stipulated by this Court.

For Petitioner :

Mr.A.Hariharan For R1 :

Mr.B.Saravanan Additional Government Pleader For R2 :

Mr.P.Karthick

ORDER

Aggrieved by the fact that he has not been paid compensation for his land that has been acquired for expansion of the fourway lane NH.45 under the National Highways Act, 1956 despite two awards in his favour, dated 15.07.2009 and 01.12.2009, the petitioner is before this Court.

2. The petitioner's land have already been taken possession. However the petitioner has not been compensated. He had sent a representation on 23.08.2024 to the 1st respondent who has not processed the same till date. Therefore, the above writ petition has been filed.

3. Considering the fact that the petitioner has been deprived of his land and though an award has been passed in his favour, the respondents

have failed to pay the compensation to him. To add insult to injury, the representation has also not been considered. Therefore, a mandamus is issued to the respondents to consider the representation of the petitioner, dated 23.08.2024 and pass orders within a period of three (3) months from the date of receipt of copy of this order.

4. With the above directions, this Writ Petition stands allowed. No costs.

25.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Competent Authority cum District Revenue Officer, National Highways Authority of India, NO.11/A, Indira Nagar, Sennamanaickenpatti, Dindigul.

2.The Project Director, N.H.45, National Highways Authority of India, New No.6 (Old No.46), First Floor, 3rd Main Road, Ponnagar, Trichirappalli-620 001.

P.T.ASHA, J.

gbg 25.10.2024