Madras High CourtWP(MD)/29000/2022disposed of

Justin Oliver v. The District Collector

2023-01-31Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.22977 of 2022 Justin Oliver ... Petitioner Vs.

1.The District Collector, Kanykumari District, Nagercoil.

2.The Competent Authority & 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.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to conduct rehabilitation and resettlement enquiry as per the provision of Section 1/4

31 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and order enhanced compensation for the house measuring an extent of 2200 along with compound wall on 3 sides, open well, and two numbers cement water tank in S.No.649/12C at Valvachangostam Village, Kalkulam Taluk, Kanyakumari District R/w. Section 3 (G) 7 d of NH Act by passing orders on the representation dated 27.03.2021.

For Petitioner : Mr.G.Justin For Respondents : Mr.G.Suriyananth, Addl. Government Pleader for R1 and R2.

Mr.Su.Srinivasan, Standing Counsel for R3.

ORDER

Heard the learned counsel on either side.

2.The petitioner's land was acquired under the provisions of the National Highways Act. The petitioner was paid some compensation. However, the quantum is not acceptable to the petitioner. He has moved the first respondent. The grievance of the writ petitioner is that the first respondent has not passed order on his petition seeking enhancement. The first respondent shall conduct 2/4

enquiry and pass final order on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order. 3.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

31.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No ias To:

1.The District Collector, Kanykumari District, Nagercoil.

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

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G.R.SWAMINATHAN, J.

ias 31.01.2023 4/4