Allowed

K.Rajeswari, v. the District Collector

Madras HC6 Dec 2018WP(MD)/24129/2018

Case brief

AI extract

What is this about?

In six consolidated writ petitions, the Madurai Bench directed the District Collector and Special Tahsildar to quantify compensation for lands acquired for Madurai Airport expansion and disburse it within eight weeks.

What did the court decide?

Direct the respondents to quantify the compensation amount payable to the petitioners and disburse the same within eight weeks from the date of receipt of a copy of this order.

K.Rajeswari, Vs the District Collector — Land Acquisition | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 06.12.2018

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CORAM :

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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W.P(MD)No.24129, 24130, 24131, 24132, 24133, 24134 and 24135 of 2018

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W.P(MD).No.24129 of 2018

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K.Rajeswari

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... Petitioner

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V.Padmavathy, W/O Late.Venkatesan, 1/207 A4 Vadamalli Street, Balaji Nagar, Thiruppalai, Madurai-625 014. ... Petitioner in WP(MD).24130/2018

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T.Amirtham Jeeval W/O.Victor Koil Kani, Old Door No.122/H8, New Door No.86/2, V.O.C. Street, Kalathupottal., Thathaneri, Madurai-625 018. ... Petitioner in WP(MD).24131/2018 R.Padmanabhan, S/O.Ramachandran, 1/207A4 Vadamalli Street, Balji Nagar, Thirupalai. Madurai-14 ... Petitioner in WP(MD).24132/2018 M.Dhilshath Begam, W/O.R.Mahaboob Jan, Old No.13E/1, New No.184, RMD MANZIL., Pulipandiyan Street, Jaihindpuram 2^nd Main Road, Madurai-625 011. ... Petitioner in WP(MD).24133/2018 K.Selvi W/O. Kanagarajan, 1/327-3-3 Sembaruthi Street, VOC Nagar, https://hcservices.ecourts.gov.in/hcservices/ OPP Mens Yadava College, Madurai-625 011 .... Petitioner in WP(MD).24134/2018

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T.Sundari, W/O Theeththarappan, D.No.29, Fund Office Colony, Alagappan Nagar, Madurai-3 ... Petitioner in WP(MD).24135/2018

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Vs.

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1.The District Collector, Madurai District, Madurai.625 020.

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2.The Special Tahsildar, (Land Acquisition), Airport Extension Office, Unit-I, Campus of Madurai District, Collector Office, Madurai-625 020. ... Respondents In All WPS

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COMMON PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to complete the proceeding as per the first respondent's communication Na.Ka.No.3715/2009/P1 dated 16.02.2009 and to pay entire compensation with solacium, interest and other lawful amount, if any, in the light of the Right to Fair Compensation Act, Act-10/1999 for industrial purpose, land acquisition provisions, prevailing market etc., by considering petitioner's representation dated 14.11.2018, within the period stipulated by this Court.

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For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.M.Rajarajan

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Government Advocate

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COMMON ORDER

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By consent of both parties the Writ Petition is taken up for final disposal at the stage of admission itself.

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Mr.M.Rajarajan, learned Government Advocate takes notice on behalf of the respondents.

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The lands of the writ petitioners herein were acquired for the expansion of Madurai Airport under the provisions of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. Though the said statute contemplates determination of compensation within a period of six months, till date even the amount is yet to be determined. Therefore, the first respondent is directed to quantify the compensation amount payable to the petitioners herein and also disburse the same to the petitioners within a period of eight weeks https://hcservices.ecourts.gov.in/hcservices/ from the date of receipt of a copy of this order. Of course, the petitioners herein can receive the amount so determined without

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prejudice to their rights to seek enhancement of the same. This Court has not pronounced anything on the merits of the matter. This clarification required because the prayer in these writ petitions is that the compensation must be fixed on the basis of Central Act, 13 of 2013.

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This Writ Petition is allowed on these terms. No costs.

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Sd/-

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Assistant Registrar(co)

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/True Copy/

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Sub Assistant Registrar(cs-I)

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1.The District Collector, Madurai District, Madurai.625 020.

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2.The Special Tahsildar, (Land Acquisition), Airport Extension Office, Unit-I, Campus of Madurai District, Collector Office, Madurai-625 020.

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+7cc to Mr.A.Haja Mohideen Advocate in SR.No.99034 +1cc to Special Government Pleader, SR.No.99240

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W.P(MD)No.24129, 24130, 24131, 24132, 24133, 24134 and 24135 of 2018 06.12.2018

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RMK SPRSK SAR1 12.12.2018 3P 11C

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https://hcservices.ecourts.gov.in/hcservices/

K.Rajeswari, v. the District Collector

Case brief

What is this about?

What did the court decide?

K.Rajeswari, v. the District Collector

Case brief

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What did the court decide?

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