Joseph Ligori v. The District Collector

O R D E R This Writ Petition has been filed challenging the order passed by the second respondent dated 04.06.2020 in proceedings in Award No. 6/2015 Na.Ka.J3/02/2010 and for directing the fourth respondent to inspect the building at S.No.562/15 at Thiruvanthancode Village, Kanyakumari District and fix correct valuation as per law.

2.When the matter came up for hearing on 19.10.2021, this Court had passed the following order: "The subject matter of challenge in this Writ Petition pertains to the proceedings of the second respondent dated 04.06.2020 and for consequential direction to the fourth respondent to inspect the building and to fix the correct valuation for the building.

¶2When the matter was taken up for hearing, the learned counsel appearing for the petitioner brought to the notice of this Court the communication from the Competent Authority dated 11.10.2021. For proper appreciation, the same is extracted hereunder:- fbjf; Fwpg;G nghUs;: epy vLg;G - fd;dpahFkhp khtl;lk; - fy;Fsk; tl;lk; - jpUtpjhq;NfhL fpuhkk; - Gy vz; 562/15-y; epy vLg;G - jpU. N[hrg;ypNfhhp vd;gtH 2000 rJu mbf;F 1300 rJu mb vd Fiwthf mstPL nra;jjhf GfhH - njhlHghf. ghHit: 1) jpU. N[hrg;ypNfhhp vd;gthpd; kD ehs;:

22.07.2021. 2) tpstq;NfhL jdp tl;lhl;rpahpd; fbjk; vz; e.f.12/2020> ehs;:28.09.2021. ------------- ghHit (2)-y; fhZk; tpstq;NfhL jdp tl;lhl;rpahpd; mwpf;ifapd; mbg;gilapy; fd;dpahFkhp khtl;lk;> fy;Fsk; tl;lk;> jpUtpjhq;NfhL fpuhkk;> Gy vz; 562/15-y; Njrpa neLQ;rhiyf;F epy vLg;G nra;ag;gl;lJ njhlHghf ghHit 1-d;gb kDjhuH 2000 rJu mb Njrpa neLQ;rhiyf;F MH[pjk; nra;ag;gl;L 1300 rJu mbf;F kl;Lk; mstPL nra;J ,og;g PL toq;fg;gl;Ls;sJ vd;Wk; 2000 rJu mb mstPL nra;J tpl;L Nky;eltbf;if njhlUkhW Nfhhpa kDjhuhpd; kDtpid ghprPyid Nkw;nfhz;ljpy; Nkw;gb Gy vz;zpy; 2225 rJu mbf;F nghJg;gzpj;Jiwapduhy; kjpg;gPL mwpf;if epHzak;

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kDjhuUf;F $Ljy; ,og;gPl;Lj; njhif toq;fpl toptif ,y;iy vd;w tpguk; kDjhuUf;F njhptpf;fg;gLfpwJ.

3.The learned counsel appearing for the petitioner submitted that the Competent Authority had determined the compensation for the building on the basis that the built-up area of the building was 1300 sq.ft. This determination of the built-up area was challenged by the petitioner right through. According to the petitioner, it is more than 2000 sq.ft. The Competent Authority had passed the Award and the same was put to challenge before the District Collector/Arbitrator under Section 3G(5) of the National Highways Act, 1956 and based on the determination of compensation, the compensation amount was also paid to the petitioner.

¶4Only issue that has been raised in the present Writ Petition is that the compensation for building was fixed by taking the built-up area as 1300 sq.ft. and whereas, it is now clear from the communication made by the second respondent that it is 2225 sq.ft. It is stated that the compensation was paid for the building by determining the built-up area as 2225 sq.ft. What is available on record is that the determination of compensation was only for built-up area of 1300 sq.ft. Hence, the present Writ Petition confines itself only to this discrepancy in the builtup area and for payment of compensation for the remaining sq.ft.

5.The learned Special Government Pleader appearing on behalf of the first, second & fourth respondents sought for some time to get instructions. The learned Standing Counsel appearing on behalf of the third respondent National Highways Authority of India also sought for some time to get instructions and provide all particulars in this regard before this Court.

¶6Post this Writ Petition under the caption "Part Heard Cases" on 09.11.2023."

3.When the matter was taken up for hearing today, the learned Standing Counsel appearing for the third respondent produced the details regarding the acquisition and the compensation paid to the petitioner and for proper appreciation, the same is extracted hereunder: S.No. Description Details of Publication Date Notification u/s.3A(1) of NH Act, 1956 Gazette of India No. 315, S.O.375 (E)

16.02.2010 Notification u/s.3(A) (3) published in local newspapers Daily

Thanthi (Tamil) & The New Indian

Express (English)

20.03.2010 Notification u/s.3D (1) of NH Act, 1956 Gazette of India Notification

No. 275, S.O.319(E)

11.02.2011 Notification u/s. 3G (3) published in newspapers Daily

Thanthi (Tamil) & The New Indian

Express (English)

18.06.2021 3G(3) enquiry conducted by 2nd respondent At

Special Tahsildar, LA, NH, Vilavancode

28.06.2011 Award passed by CALA – Thiruvithancode Village 6/2015

20.09.2015 Arbitration petition filed seeking for enhanced compensation Arbitration enquiry conducted on

25.02.2019 Arbitration order No.E2/26829/2018

19.07.2019 Survey Number Extent Acquired (in sqm. Released CALA Award No. & Date Award amount paid Rs. ECS Cheque No. & Date 6/2015-34 dt.20.08.2018 2,89,608/- 341395, dt.21.06.2018 Structure 6/2015-Additional Award-2 (Structure) dt.04.02.2019 48,13,740/- 409939 dt.19.03.2019 (1/3 share) 6/2015-38 dt.17.12.2018 84,810/- 547919 dt. 18.12.2018 (1/3 share) E2/26829/2018, dt. 19.07.2019 13,43,192/- 3,83,497/- 949357, dt. 17.02.2020

4.It is clear from the above that the compensation has been paid to the petitioner and insofar as the structure is concerned, the petitioner has been paid for a total extent of 2296 sq.ft. To substantiate the same, the individual valuation report was also placed before this Court.

5.In view of the same, no further orders can be passed in this Writ Petition. Hence, this Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

Index :Yes / No

09.11.2023 Internet :Yes / No (1/5) NCC :Yes / No cmr To

1.The Tahsildar, Thirupattur Taluk, Sivagangai District.

2.The Firka Surveyor, Thirupattur Taluk, Sivagangai District.

3.The Inspector of Police, Nerkuppai Police Station, Sivagangai.

N.ANAND VENKATESH, J.

cmr

09.11.2023 (1/5)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD)Nos.14302, 14304 and 14305 of 2020 Joseph Ligori ... Petitioner vs. 1.The District Collector, Kanyakumari 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 - 629003, Kanyakumari District. 4.The Executive Engineer (Building), Public Works Department Office, PWD Road, Chidambara Nagar, Nagercoil , Kanyakumari District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus after calling for all the connected records on the file of the 2nd respondent pertaining to the passing of the order dated 04.06.2020 in proceedings Award No. 6/2015 Na.Ka.J3/02/2010 and quash the same, consequently to direct the 4th respondent to inspect the building at S.No.562/15 at Thiruvanthancode Village, Kanyakumari District and fix correct valuation as per law. For Petitioner :Mr.G.Justin For R1, R2 and R4:Ms.D.Farjana Ghousia Special Government Pleader For R3 :Mr.Su.Srinivasan *****