Palanichamy. P v. The Union of India

ORDER The petitioner's lands in Survey Nos.598/2, 598/6 and 589/9 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.

¶2The learned Government Advocate appearing for the respondents 2, 3 and 5, on instructions, submits that for acquisition of the petitioner's land, an award has already been passed and the compensation amount would be deposited in the petitioner's Bank Account within a reasonable time.

¶3Considering the submission of the learned Government Advocate, this writ petition is disposed of with a direction to the third respondent to deposit the compensation amount in the petitioner's Bank Account, within a period of four weeks from the date of receipt of a copy of this order. If the petitioner is having any grievance with regard to the quantum of compensation, it is always open to him to work out his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

18.08.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To

¶1The Secretary, Department of Road Transport and Highways, No.G5, 6, Sector – 10, Dwarka, New Delhi – 110 010.

¶2The District Collector, Virudhunagar District, Virudhunagar.

¶3The Authorised Officer/District Revenue Officer, Road Transport and Highways Department, Thirumangalam to Rajapalayam (NH-744) Four Way Project, District Collectorate Campus, Virudhunagar.

¶4The 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.

¶5The Special Tahsildar (Land Acquisition) Thirumangalam-Rajapalayam National Highways (NH 744) Four Way Project, Unit – IV, Rajapalayam, Virudhunagar District.

B.PUGALENDHI, J. ogy

18.08.2023

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.23288 of 2022 P.Palanichamy ... 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. 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 Nos.598/2, 598/6 and 589/9 to an extent of 0.21.00, 0.17.50 and 0.29.50 hectares 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 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