Kanthasamy. T v. The Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.23240 of 2022 T.Kanthasamy ... Petitioner versus
1. The Union of India, Rep. by the Secretary, Department of Road Transport and Highways, No.G5, 6, Sector - 10, Dwarka, New Delhi - 110 010.
2. The District Collector, Virudhunagar District, Virudhunagar.
3. The Authorised Officer/District Revenue Officer, Road Transport and Highways Department, Thirumangalam to Rajapalayam (NH-744) Four Way Project, District Collectorate Campus, Virudhunagar.
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4. The National Highways Authority of India, Rep. by its Regional Officer, 2nd and 3rd Floor, Vijayakrishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai.
5. The Special Tahsildar (Land Acquisition) Thirumangalam-Rajapalayam National Highways (NH 744) Four Way Project, Unit - IV, Rajapalayam, Virudhunagar District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the respondents from acquiring the land in Survey No.585/4, 596/5C and 598/2A situated at S.Ramalingapuram Village, Samsikapuram Revenue Village, Rajapalayam Taluk, Virudhunagar District, without following the due process of law and without fixing fair compensation procedure contemplated under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by considering the petitioner's representation dated 21.10.2022 within time fixed by this Court.
For Petitioner : Mr.T.Thirumugan 2/6
For R1 : Mr.M.Karthikeya Venkitachalapathy Central Government Standing Counsel For R2, R3 and R5 : Mr.P.T.Thiraviam, Government Advocate For R4 : Mr.Su.Srinivasan
ORDER
The petitioner's lands in Survey Nos.585/4, 596/5C and 598/2A, situated at S.Ramalingapuram Village, Samsikapuram Revenue Village, Rajapalayam Taluk, Virudhunagar District, were acquired by the National Highways in the year 2020. However, the respondents have not provided any compensation to the petitioner for acquisition of the said lands. Hence, the petitioner is before this Court.
2. The learned Government Advocate appearing for the respondents 2, 3 and 5, by producing a copy of proceedings of the Special District Revenue Officer (Land Acquisition), National Highways, Virudhunagr in Na.Ka.No.A1/245/2023 dated 17.08.2023, submits that for acquisition of the petitioner's lands, a sum of 3/6
Rs.9,06,214/- was fixed as compensation and the said amount was also deposited in the petitioner's account on 10.02.2023. A copy of the said proceedings is also furnished to the learned counsel for the petitioner.
3. Recording the said submission, this writ petition is closed, with liberty to the petitioner to approach the Court for enhancement of compensation, if any. No costs.
Consequently, connected miscellaneous petition is closed.
18.08.2023 ogy NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Secretary, Department of Road Transport and Highways, No.G5, 6, Sector - 10, Dwarka, New Delhi - 110 010.
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2. The District Collector, Virudhunagar District, Virudhunagar.
3. The Authorised Officer/District Revenue Officer, Road Transport and Highways Department, Thirumangalam to Rajapalayam (NH-744) Four Way Project, District Collectorate Campus, Virudhunagar.
4. The National Highways Authority of India, Rep. by its Regional Officer, 2nd and 3rd Floor, Vijayakrishna Plaza, No.1, Lake Area, Melur Main Road, Mattuthavani, Madurai.
5. The Special Tahsildar (Land Acquisition) Thirumangalam-Rajapalayam National Highways (NH 744) Four Way Project, Unit - IV, Rajapalayam, Virudhunagar District.
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B.PUGALENDHI, J.
ogy 18.08.2023 6/6