S.Vijayalakshmi v. Competent Authority

ORDER This writ petition is filed to direct the respondents herein to pay solatium at 100% of the compensation as per Section 30 and Schedule 1 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR Act 2013) and interest u/s 23(1A) and (2) and 28 of the land Acquisition Act 1894 in terms of the orders of the Hon'ble Superme Court of India in the case of Union of India & Anr vs Tarcem Singh & Ors in civil appeal No.7064 of 2019 (Arising out of SLP(c) No.9599 of 2019) order dated 19.09.2019 2019(9)SCC 304 and 2019 AIR (Supreme Court) 4689. Page3 of 6

¶2Learned counsel for the petitioner would submit that while the respondents have determined the compensation to be Rs.12,75,751/- based on the petitioner's earlier representation, they have failed to award the statutory solatium due thereon. It is contended that the respondents are legally mandated to grant solatium in addition to the principal compensation amount; however, no such benefit has been extended in the instant case. Being aggrieved by this omission, the petitioner has preferred the present Writ Petition.

¶3Learned Additional Government Pleader appearing for the respondents 1, 3, 4 and 5 would submit that in the event the petitioner submits a fresh representation for solatium, the same will be considered by the respondents.

¶4Heard the learned counsel on either side and perused the materials available on record.

¶5Considering the limited relief sought by the learned counsel for the petitioner, this Court issues the following directions:

(i) The petitioner is directed to make a fresh representation regarding solatium before the concerned respondent along with calculation memo;

(ii) On receipt of such representation, the concerned respondent is directed to consider the same and pass appropriate orders on merits and in Page4 of 6 accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With the aforesaid directions, this writ petition stands disposed of. No costs. 25-03-2026 Index: Yes/No Speaking/Non-speaking order VM To:

¶1Competent Authority & Special DRO (LA)(NHAI), District Collectors Office Complex, Villupuram - 605 602, Holding Additional Charge of the Competent Authority and Special District Revenue Officer

(LA) (NH68), Salem-at Villupuram.

¶2The Project Director, NHAI (NH 68), 212.3/D-3.1, Srininagar Colony, Narasothipatty, Salem - 636 004.

¶3Spl DRO (LA)(NHAI), District Collectors Office Complex, Villupuram - 605 602.

¶4The Special Tahsildar (LA), NHAI-68, Having Official Address At, 3/B-8, Ram Nagar Road, Swarnapuri, 2nd Gate, Salem - 634 004. Page5 of 6

¶5The Tahsildar, Salem Taluk Office, SCCB Premises, Opposite To State, Bank Of Hyderabad, Salem - 636 001.

¶6The Regional Officer (NHAI), Chennai, "Sri Tower", 3rd Floor, DP-34(HP), Industrial Estate, Guindy, Chennai - 600 032. WPoNo.o20239oofo2023 KRISHNANoRAMASAMY,oJ. VM WPoNo.o20239oofo2023 25-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY S.Vijayalakshmi ..Petitioner(s) Vs 1. Competent Authority & Special DRO (LA)(NHAI), District Collectors Office Complex, Villupuram - 605 602, Holding Additional Charge of the Competent Authority and Special District Revenue Officer (LA) (NH68), Salem-at Villupuram. 2. The Project Director, NHAI (NH 68), 212.3/D-3.1, Srininagar Colony, Narasothipatty, Salem - 636 004. 3. Spl DRO (LA)(NHAI), District Collectors Office Complex, Villupuram - 605 602. 4. The Special Tahsildar (LA), NHAI-68, Having Official Address At, 3/B-8, Ram Nagar Road, Swarnapuri, 2nd Gate, Salem - 634 004. 5. The Tahsildar, Salem Taluk Office, SCCB Premises, Opposite To State, Bank Of Hyderabad, Salem - 636 001. 6. The Regional Officer (NHAI), Chennai, "Sri Tower", 3rd Floor, DP-34(HP), Industrial Estate, Guindy, Chennai - 600 032. ..Respondent(s) Page2 of 6 Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents herein to pay solatium at 100% of the compensation as per Section 30 and Schedule 1 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR Act 2013) and interest u/s 23(1A) and (2) and 28 of the land Acquisition Act 1894 in terms of the orders of the Hon'ble Superme Court of India in the case of Union of India & Anr vs Tarcem Singh & Ors in civil appeal No.7064 of 2019 (Arising out of SLP(c) No.9599 of 2019) order dated 19.09.2019 2019(9)SCC 304 and 2019 AIR (Supreme Court) 4689. For Petitioner(s) : Mr.P.B.Sampath Kumar For Respondent(s) : Ms.S.Indhu Bala, AGP for R1, 3, 4 & 5 Mr.Su.Srinivasan, SC for R2 & 6