Disposed

Nallammal v. The Special District

Madras HC2 Nov 2021WP/24111/2017

Case brief

AI extract

What is this about?

High Court directed the District Revenue Officer to pass a final land acquisition award and deposit compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within six weeks, despite earlier notifications under the Tamilnadu Highways Act, 2001.

What did the court decide?

Directed the respondent to pass a final award under RA 2013 within six weeks and deposit compensation in a manner known to law.

Nallammal Vs The Special District — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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WP.NOS.24111 & 24112 OF 2017 AND WMP.NOS.25457 & 25458 OF 2017

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WP.No.24111 of 2017

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1.Nallammal 2.Shanmugam 3.Mohan Kumar ... Petitioners

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The Special District Revenue Officer, (Land Acquisition Officer), Tamil Nadu Road Sector, Project 2, Salem ... Respondent Prayer :-

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Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.121/2 in Minnampalli Village, belonging to petitioners forming subject matter of notification issued under Section 15 (1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law.

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WP.No.24112 of 2017

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Kanaga @ Kanagarathinam ... Petitioner

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The Special District Revenue Officer,

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

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(Land Acquisition Officer), Tamil Nadu Road Sector, Project 2, Salem

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... Respondent

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Prayer :-

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Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.117/2B2 in Minnampalli Village, belonging to petitioner forming subject matter of notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law.

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For Petitioner : Mr.D.Vairamoorthy for Mr.S.Senthil For Respondent : Mr.Richardson Wilson, Government Advocate

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COMMON ORDER

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This writ petition in WP.No.24111 of 2017 is filed to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.121/2 in Minnampalli Village, belonging to petitioners forming subject matter of notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law. The writ petition in WP.No.24112 of 2017 is filed to issue a Writ of Mandamus forbearing the respondent from in any manner taking possession of land in survey no.117/2B2 in Minnampalli Village, belonging to petitioner forming subject matter of notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001, published in Tamilnadu Government Gazatte (Extraordinary No.88, Part II, Section 2 dated 10.04.2015, without paying compensation / without following the due process of law.

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The land comprised in survey No.121/2 and the land comprised in survey No.117/2B2, Minnampalli Village, Tiruchengode Taluk were acquired by the respondent for upgrading the Rasipuram Tiruchengode State Highways (SH-79-2) Road from Ponkurichi to Ilayampalayam under the Tamilnadu Highways Act,

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

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2001 under the notification issued under Section 15(1) of the Tamilnadu Highways Act, 2001 dated 10.04.2015. It has been published in the Tamilnadu Government Gazatte. Thereafter, by the award dated 10.02.2017 in award No.36 of 2016-2017 in Roc.No.31/2014/A1, interim compensation was awarded and the additional compensation will be paid as per the provisions of the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 based on the executive instruction issued in GO(2D)No.12 Highways and Minor Ports (HN2) Department dated 31.12.2014 and GO.Ms.No.59 HW & MP Department dated 29.05.2014 as contemplated under Section 105A of the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. After implementation of the revalidation Act, 38 of 2019, GO.Ms.No.59 HW & MP Department dated 29.05.2014 become infructuous.

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Therefore, the respondent is directed to pass final award under the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of six weeks from the date of receipt of copy of this order, if not already passed, and deposit the compensation amount in the manner known to law.

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With the above direction, both the writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No order as to costs.

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Sd/Assistant Registrar(CS IX)

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Sub Assistant Registrar

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lok

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The Special District Revenue Officer, (Land Acquisition Officer), Tamil Nadu Road Sector, Project 2,Salem.

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+2ccs to Mr.S.Senthil, Advocate, S.R.No.57265,57264

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WP.Nos.24111 & 24112 of 2017

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PMK(CO) PM/26/11/2021

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

Nallammal v. The Special District

Case brief

What is this about?

What did the court decide?

Nallammal v. The Special District

Case brief

What is this about?

What did the court decide?

What the court decided

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