In this writ petition, the High Court of Madras disposed of the matter after recording that a cheque for compensation had been issued to the petitioners as per previous compliance hearings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 27..04..2021 CORAM
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Writ Petition No.17896 of 2020
S.Aravindaraj
... Petitioner
-Versus-
1.Government of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Secretariat, Chennai 600 009.
4.Southern Railway, Rep. by its General Manager, Chennai 600003.
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the third respondent herein to conduct an enquiry and pass the final award as per the provisions of sections 26 to 30 or under any other provisions of The Right of Fair compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (Central Act 30 of 2013) as amended therein with respect to the lands of the petitioners herein comprised in S.No.70A/2B (0.33.0 ares), S.No.86A/2 (0.14.0 ares), S.No.264A/2 (0.25.0 ares) and in S.No. 263/2 (0.22.5 ares) of Kodangipalayam village Pollachi Taluk Coimbatore, that was the subject matter of acquisition by the 1st respondent at the instance of the respondents 4 to 6 and
pursuant to the order of this court dated 16.02.2018 made in W.P.No.32418 of 2013..
For Petitioner : Mr.N.Damodaran For Respondent(s) : Mr.D.Raja, AGP for RR1 to 3
Mr.P.T.Ramkumar, Standing Counsel for RR4 to 6
ORDER [This matter has been heard through video conference]
This writ petition has been filed seeking a mandamus directing the 3rd respondent to pass final award as per the provisions of The Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of lands comprised in S.No.70A/2B (0.33.0 ares), S.No.86A/2 (0.14.0 ares), S.No.264A/2 (0.25.0 ares) and in S.No. 263/2 (0.22.5 ares) of Kodangipalayam village Pollachi Taluk Coimbatore.
Government Pleader submits that an award has been passed on 28.02.2019. This according to the learned Additional Government Pleader, has been passed in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. With a view to avoid further litigation in this matter, this Court enquired with the learned Additional Government Pleader, the time frame within which the award amount would be disbursed, since the final award itself has been passed on 28.02.2019. 4. The learned Additional Government Pleader on instructions made a statement that the award amount would be disbursed within a period of two months from today. 5. Post the matter for reporting compliance on 25.03.2021."
caption “for reporting compliance” 2. The Railways that claims itself to be the largest employer in the State, somehow misses few points when it needs to accommodate the just claim of the petitioner for payment of compensation. It appears to stretch the agony. 3.1 This Court only appreciates if the Southern Railways shows equal anxiety to fast forward its obligation to pay compensation at the same pace it runs its Superfast Express trains. 3.2 Time is granted till 27.04.2021, lest, this Court will be constrained to summon all the officials including those who are under obligation to supervise the authority of those who are the requisition body of the Southern Railways, lest, both the fifth and sixth respondents herein shall appear in Court, to explain their continuous default in honouring the just claim of the petitioner. 4. Post the matter on 27.04.2021."
Sd/Assistant Registrar //True Copy//
Sub Assistant Registrar Kmk
To
1.The Secretary to Government, Transport Department, Secretariat, Chennai 600 009.
Writ Petition No.17896 of 2020
SR II(CO)
GN(28/06/2021)
3 provisions across 2 enactments
S.Aravindaraj
Government of Tamil Nadu
District Collector
Sub-Collector/Land Acquisition Officer
Southern Railway
Deputy Chief Engineer
V. Bhathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
