Madras High CourtWP(MD)/26727/2019closed

A.Rohini Kumar v. The Secretary

2020-02-25Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD)No.26727 of 2019 A.Rohini Kumar ... Petitioner Vs.

1.The Secretary, Ministry of Transport and Highways, Government of India, New Delhi.

2.The Project Director, National Highways Authority of India, Tirunelveli at Nagercoil.

3.The Arbitrator and the District Collector Kanniyakumari District, Nagercoil.

4.The Competent Authority of Land Acquisition (CALA) cum The Special District Revenue Officer (Land Acquisition) National Highways, Tirunelveli, Observatory Street, Nagercoil. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fourth respondent to pass appropriate award of compensation and solatium to the petitioner by fixing appropriate market value by following Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and with the clarification letter by the first respondent dated 08.08.2016 and as per the petitioner's representation dated 16.09.2019. For Petitioner: Mr.K.K.Kannan For R1 : Mr.M.Ashok Kumar For R2 : Mr.K.K.Senthil Velan For R3 & R4 : Mr.A.Muthukaruppan, Additional Government Pleader.

ORDER

https://hcservices.ecourts.gov.in/hcservices/ This writ petition has been filed to direct the fourth respondent to pass appropriate award of compensation and solatium to

the petitioner by fixing appropriate market value by following Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and with the clarification letter by the first respondent dated 08.08.2016 and as per the petitioner's representation dated 16.09.2019. 2.The learned counsel for the fourth respondent earlier submitted that the money that was awarded in favour of the petitioner could not be disbursed for want of some particulars and the entitlement of the petitioner for compensation as per award is not disputed. It is now admitted that the amount that was awarded in favour of the petitioner has been disbursed to the petitioner. 3.

Since the award amount has been disbursed in terms of Section 30 of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, no further order is required in the present writ petition. Accordingly, this writ petition is closed. However, liberty is given to the petitioner to workout his remedy in accordance with law, if he wants to get enhanced compensation. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Secretary, Ministry of Transport and Highways, Government of India, New Delhi.

2.The Project Director, National Highways Authority of India, Tirunelveli at Nagercoil.

3.The Arbitrator and the District Collector Kanniyakumari District, Nagercoil.

4.The Competent Authority of Land Acquisition (CALA) cum The Special District Revenue Officer (Land Acquisition) National Highways, Tirunelveli, Observatory Street, Nagercoil.

+1 CC to M/s.M.ASHOK KUMAR, Advocate ( SR-8114[F] W.P.(MD)No.26727 of 2019 25.02.2020 gns SDS (11.03.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/