Disposed

B.Sarswathi v. The Union of India

Madras HC28 Oct 2021WP/18137/2021

Case brief

AI extract

What is this about?

This writ petition sought a mandate directing respondents to pay full compensation for land acquired for highway widening. The Court, noting discrepancies between awarded and actual land extents, directed the authorities to expedite the process, correct records, and pass orders within six months after a personal hearing.

What did the court decide?

Directed respondents to expedite land acquisition, afford personal hearing to petitioner, and pass orders on representation within six months.

B.Sarswathi Vs The Union of India — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.10.2021

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CORAM

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THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

W.P.NO.18137 OF 2021

B.Saraswathi

... Petitioner

Vs.

The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways, Parliament Street, Near Mavalankar Auditorium, Sansad Marg Area, Delhi - 110001.

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The Competent Authority and Special District Revenue Officer, National Highways (Land Acquisition), Thiruvallur.

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The Project Director, National Highways Authority of India, No.1/54-28, Butt Road, Kathipara Junction, St. Thomas Mount, Chennai - 600 116.

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[ R2 amended as per the order dated 28.10.2021 in W.M.P.No.23200 of 2021 in W.P.No.18137 of 2021] ... Respondents

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Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to forthwith pay compensation in respect of the lands of the petitioner for a total extent of 1357 Square Meters in Survey No.13/1C1A in Nallore Village, Ponneri Taluk, Thiruvallore District, as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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For Petitioner	: M/s.AL.Ganthimathi
For R1	: Mr.S.N.Parthasarathi
	Standing Counsel
For R2	: Mr.V.Veluchamy
	Government Advocate
For R3	: Mr.S.V.Srinivasan
	Standing Counsel

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ORDER

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This Writ Petition has been filed to direct the respondents to forthwith pay compensation in respect of the lands of the petitioner for a total extent of 1357 Square Meters in Survey No.13/1C1A in Nallore Village, Ponneri Taluk, Thiruvallore District, as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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According to the petitioner, the land to an extent of 5.83 acres in Survey No.13/114 of Nallore Village originally belonged to her father Janardhanan who had acquired the same under the registered Will executed by his father on 15.09.1981. Later, he died on 28.12.1982 and the property came into possession and enjoyment of Late Janardhanan. Later, the petitioner's mother and brothers have released the property to an extent of 61 cents in Survey No.13/1C1A in her favour by way of a registered released deed dated 20.05.2016 vide Doc.No.4208 of 2016. Since then, she is in possession and enjoyment of the same and all the revenue records have also been transferred in her name. While so, the respondents herein had acquired an extent of 1423 Square Meters in Survey No.13/1C1A for the purpose of building (6 Lane Widening etc) maintenance, management and operation of National Highways No.V on the stretch of land from KM 11,000 to KM 53,685 (Madras - Vijayawada Section) in the District of Thiruvallore, State of Tamil Nadu. The notification under Section 3(A) of the National Highways Act 1956 was published on 09.07.2013 and even though the description of the land to be acquired is described as 500 Square Meters in Survey No.13/1C1A, the actual land which was acquired with the boundaries is 1423 Square Meters. All the lands surrounding the petitioner's land have also been acquired and the land which has been acquired from the petitioner is of an extent of 1423 Square Meters. However, an award was passed only for 500 Square Meters and a reference for enhancement has also been made before the Subordinate Judge at Ponneri in LAOP.No.239 of 2015. Even under the LAOP, only an extent of 500 Square Meters have been taken into consideration for the purpose of compensation. Hence, the petitioner was constrained to file a Writ Petition before this Court in W.P.No.17071 of 2018 praying for a Writ of Mandamus to direct the 1^st respondent herein to consider the petitioner's representation dated 29.06.2018, wherein, the petitioner had requested for payment of compensation of 1423 Square Meters. The said Writ Petition came up for hearing before this Court and this Court by order dated 09.07.2018 was pleased to dispose of the Writ Petition directing the petitioner to give fresh representation to the Special District Revenue Officer, Land Acquisition, Poonamallee within a period of two weeks from the date of receipt of a copy of the order by enclosing copy of the

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

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order and on such compliance, the said Officer shall consider the same and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of the representation.

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Pursuant to the said orders, the 2^nd respondent herein had conducted a spot inspection of the land and found that an extent of 1357 Square Meters had been acquired, and by proceedings dated 31.08.2018 by the 2^nd respondent to the 3^rd respondent, it was observed that on inspection, it is found that an extent of 1357 Square Meters has been acquired in Survey No.13/1C1A and as per the records, the compensation has been calculated only for 500 Square Meters and hence a direction has been issued to the 3^rd respondent to carry out suitable corrections for considering the petitioner's claim. Even though, the 2^nd respondent has sent the proceedings on 31.08.2016 itself to the 3^rd respondent, till date, the 3^rd respondent has not made the corrections and the compensation for the entire land has also not been paid to the petitioner. Hence, the petitioner with no other option has filed this Writ petition before this Court.

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The learned counsel for the petitioner would submit that the petitioner's land has been acquired as early as in 2014 and the award has been passed as early as in November, 2014. But, till now, the petitioner has not been paid compensation for the entire land acquired by the Government.

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The Learned Government Advocate appearing for the 2^nd respondent would submit that the respondents are still acquiring land from the said Survey No.13/1C1A for widening of the road and once the land acquisition process is completed in Survey No.13/1C1A, the petitioner will be paid compensation for the entire land as claimed by her. The Learned Government Advocate has also produced a copy of the letter dated 07.10.2021 in Na.Ka.No.176/2021/N.H-5 sent by the Special District Revenue Officer (Land Acquisition), Thiruvallur, wherein, it is stated as follows :

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“jw;nghJ brd;id khz;gik cah;ePjp kd;wj;jpy; W.P.No.18137/2021-y; jdJ bul;cwp/y;!; rhh;gjptf mf;F tpLjiy Mtzk; 4208/2016 ehs; 20.05.2016-d;go bkhj;j gug;g[ 61 brd;l; epyk; my;yJ bcwf;nlh; 0.24.5 Vh;!; my;yJ 2450 rJu kPl;lh; epyj;jpy; 500 rJu kPl;lh; epyk; njrpa beL";rhiyfs; ifafg;gLj;jpaJ nghf kPjk; fzf;fpy; cs;sgo 1423 rJu kPl;lh; epyj;jpw;F ,Hg;gPl;Lj; bjhif tH';f kD bra;Js;sdh; .

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,e;epiyapy; njrpa beL";rhiy vz; .5-d; tphpthf;fk; kw;Wk; fl;Lkhd gzpfSf;fhf bghd;ndhp tl;lk; ey;Yhh; fpuhkk; g[y vz; .13/1C1A-y; 1265 rJu kPl;lh; epyk; njitg;gLtjhf brd;id. njrpa

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

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ehs; .27.09.2021-d; ,e;jpa murpd; cj;jut[

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beL";rhiy ,af;Fdufj;jpd; jpl;l ,af;Feh; mth;fshy; ,e;epyk; rhiyapd; mikg;gpy; ,ilna miktjhy; thjpapd; epyk; mtrpak; njitg;gLtjhf bjhptpj;J njrpa beL";rhiyf;fhd epyvLg;g[ rl;lk; 1956 (48/1956)-d; gphpt[ 3A(1)-d; nghpy; Kd;bkhHpt[fs; mDg;gf; nfl;Lf;bfhz;ljpd;nghpy; Kd;bkhHpt[fs; mDg;gg;gl;lJ . ,e;jpa murpjH; btspaPL vz; .3646 ehs; .27.09.2021-d; ,e;jpa murpd; cj;jut[ S.O.No.3980 (E) ehs; .27.09.2021-d;go 3A(1)-f;fhd gpurpj;jk; 1265 rJu kPl;lUf;F epyvLg;g[ Fwpj;j mwptpf;if btspaplg;gl;Ls;sJ .

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,jid bjhlh;e;J njrpa beL";rhiy vz; -5d; tphpthf;fg;gzpfSf;fhf epyvLg; g[ [bjhlh;gzpfs; eilbgw;W tUfpwJ. eltof;iffspd; ,Wjpapy; thjpahfpa jpUkjp.B.ru!;tjp vd;gtUf;F chpa fhyj;jpw;Fs; epy ,Hg;gPl;L bjhiffs; tH';fg;gLk; vd;gij gzpt[ld; bjhptpj;Jf; bfhs;fpnwd; .”

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In view of the submission made and the letter produced by the Learned Government Advocate appearing for R2, this Court hereby directs the respondents to expedite the land acquisition process and pass appropriate orders on the petitioner's representation as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner.

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