Dismissed

The Govt.of Tamilnadu v. R.Vijayalingam

Madras HC22 Oct 2019WA/3516/2019

Case brief

AI extract

What is this about?

In this appellate writ proceeding, the High Court dismissed an appeal against a single judge's order setting aside a land acquisition award. The court affirmed the lower decision requiring compensation to be determined under the new Act, directing the Land Acquisition Officer to finalize the quantum within eight weeks after giving the respondent an opportunity.

What did the court decide?

The appeal was dismissed; the Land Acquisition Officer was directed to pass orders as per the Single Judge's order within eight weeks after giving the respondent an opportunity.

The Govt.of Tamilnadu Vs R.Vijayalingam — Land Acquisition | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.10.2019

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CORAM :

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THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE P.VELMURUGAN

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W.A.No.3516 of 2019 and C.M.P.No.22550 of 2019

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1.The Government of Tamil Nadu Rep. by Secretary to Government, Energy Department, Fort St. George, Secretariat, Chennai 600 009.

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2.The District Collector, Kancheepuram. 3.The Special Tahsildar Land Acquisition Unit-III, Ultra Mega Power Project, Cheyyur, Kancheepuram District. ... Appellants/Respondent Vs

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R.Vijayalingam, S/o.Rajalingam Naicker, Vedal Village & Post, Cheyyur Taluk, Kancheepuram District – 603 304. ... Respondent/Petitioner

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PRAYER : Appeal against the order made in W.P.No.27522 of 2016 dated 30.01.2018 on the file of this Court.

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Prayer in WP No.27522 of 2016 : Writ of Certitiorari filed under Article 226 of the constitution of India calling for the records relating to the Award No.22 of 2015 dt. 09.11.2015 of the Respondents 2 and 3 herein and quash the same in so far as it relates to the Petitioners land of an extent of 0.03.0 hectares comprised in Survey No61/2 of Vedal Village Cheyyur Taluk Kancheepuram District.

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For Appellants : Mr.V.Anandhamoorthy Additional Government Pleader For Respondents : Mr.AR.Karthick Lakshmanan https://hcservices.ecourts.gov.in/hcservices/ for Mrs.AL.Gandhimathi

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J U D G M E N T

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(Judgment of the Court was delivered by N.KIRUBAKARAN, J)

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The appellant is the owner of a piece of land land to an extent of 0.30.0 hectares comprised in survey No.61/2 of Vedal Village, Cheyyur Taluk, Kancheepuram District. The said land was acquired under the Provisions of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (T.N.Act 10 of 1999). Even though the respondent was called for private negotiation and was offered Rs.6,500/- per cent, the respondent was not agreeable to the said offer and subsequently, an award has been passed on 09.11.2015, fixing compensation at Rs.6,500/- per cent. The said order was challenged before the learned single Judge. It was contended before the learned single Judge that the compensation has to be determined as per the new Act. After hearing the parties, the learned single Judge set aside the award in respect of the respondent and remanded the matter to the Land Acquisition Officer to quantify the compensation either through private negotiation or by holding an enquiry and pass orders as per the new Act. The said order is being challenged before this Court.

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2.Mr.V.Anandhamoorthy, learned Additional Government Pleader would submit that so far no award has been passed which is also confirmed by the learned counsel appearing for the respondent.

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3.Since the award has been passed on 09.11.2015, after the new Act came into force, the learned single Judge only remanded the matter to the Land Acquisition Officer to decide about the quantum of compensation as per the new Act and therefore, there is no illegality in the order passed by the learned single Judge.

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3.Accordingly, the appeal fails and the same is dismissed. The Land Acquisition Officer is directed to pass order as per the learned single Judge's order within a period of eight weeks from the date of receipt of a copy of this order, after giving opportunity to the respondent. No costs. Consequently, connected Miscellaneous Petition is also closed.

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Sd/Assistant Registrar(CCC)

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//True copy//

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Sub Assistant Registrar

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

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1.The Secretary to Government, Government of Tamil Nadu Energy Department, Fort St. George, Secretariat, Chennai 600 009.

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2.The District Collector, Kancheepuram. 3.The Special Tahsildar Land Acquisition Unit-III, Ultra Mega Power Project, Cheyyur, Kancheepuram District. +1cc to Mrs.AL.Gandhimathi, Advocate SR.No.88807 +1cc to Government Pleader SR.No.88691 W.A.No.3516 of 2019 PVS(CO) GMY(29/11/2019)

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

The Govt.of Tamilnadu v. R.Vijayalingam

Case brief

What is this about?

What did the court decide?

The Govt.of Tamilnadu v. R.Vijayalingam

Case brief

What is this about?

What did the court decide?

What the court decided

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