Dismissed

T.Chakrapani, v. The Competent Authority

Madras HC21 Apr 2021WP/1413/2021

Case brief

AI extract

What is this about?

This order dismissed a writ petition seeking compensation for acquired land, holding that since an Award was already passed with amount available, petitioners must challenge the award's quantum through appropriate legal channels rather than via writ jurisdiction.

What did the court decide?

The writ petition was dismissed, with liberty to petitioners to challenge the quantum of compensation in the manner known to law.

T.Chakrapani, Vs The Competent Authority — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 21.04.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

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W.P.No.1413 of 2021

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and W.M.P.No.1598 of 2021

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T.Chakrapani 2. S.Anuradha .. Petitioners

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Vs.

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The Competent Authority,

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Special District Revenue Officer (Land Acquisition), NH-4, Kanchipuram and Thiruvallur District,

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Having office at Tahsildar Office,

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Poonamallee, Chennai - 600 056.

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National Highways Authority of India, Rep. by its Project Director, in charge of NH-4, Thiruvallur, Thiruvallur District - 602 001.

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(R2 impleaded by order dated 09.02.21 made

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in W.M.P.No.2602 of 2021 in W.P.No.1413/21)

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.. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondent to dispose of the representation made by the first petitioner dated 08.02.2020 and the second petitioner's representation dated 23.09.2020 by granting compensation amount with monitory damages along with interest pertaining to the petitioners land measuring an extent of 8 sq.mtrs in old Survey no.22/2A1pt, new Survey No.22/2A1B, situated at Nerkundram Village, Ambattur Taluk, Tiruvallur District.

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For Petitioners : Mr.David Tyagaraj

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O R D E R

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(The case has been heard through video conference)

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This writ petition has been filed seeking compensation from the respondents, for the land acquired from the petitioners.

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Today, when the matter was taken up for hearing, https://hcservices.ecourts.gov.in/hcservices/ Mr.D.Raja, learned Additional Government Pleader, appearing

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for the first respondent submitted that Award has been passed and compensation amount is also now available with the first respondent and the petitioners may be directed to appear before the first respondent and receive the compensation.

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Mr.David Tyagaraj, learned counsel appearing for the petitioners submitted that the compensation granted by the respondents is not a proper compensation and the respondents have not considered the various aspects while awarding the compensation.

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I have considered the above submissions.

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Now, Award has been passed and Award amount is also with the first respondent. If the petitioners have any grievance over the Award passed by the respondents, it is always open for them to challenge the same in the manner known to law.

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In the result, the writ petition is dismissed, however with liberty to the petitioners to workout their remedy, with regard to the quantum of compensation, in the manner known to law. Consequently, the connected miscellaneous petition is closed. No costs. Sd/Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kk To 1. The Competent Authority,

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Special District Revenue Officer (Land Acquisition),

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NH-4, Kanchipuram and Thiruvallur District,

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Having office at Tahsildar Office,

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Poonamallee, Chennai - 600 056.

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The Project Director (in charge of NH-4) National Highways Authority of India, Thiruvallur, Thiruvallur District - 602 001.

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+2ccs to Mr.David , Advocate SR.No. 24496

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W.P.No.1413 of 2021 and W.M.P.No.1598 of 2021

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A.SK(19.05.2021)

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

T.Chakrapani, v. The Competent Authority

Case brief

What is this about?

What did the court decide?

T.Chakrapani, v. The Competent Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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