Writ petition directed District Collector to engage a competent valuer to assess prices of house, well, and amenities on acquired land under RHS 2013 before reconsidering awards.
Directing the second respondent to appoint a valuer, consider the report, give hearing, and pass orders within 16 weeks.
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 : 14.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.26550 of 2021 and W.M.P.No.28005 of 2021
G.Selvam
.... Petitioner
Vs
National Highways Authority of India, G5 & 6, Sector – 10, Dwarka, New Delhi – 110 075.
.... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to pass appropriate orders on the reference/representation dated 21.09.2021 and 05.10.2021 made by the petitioner under Section 3G(5) of the National Highways Act, by reconsidering the two Awards dated 18.02.2021, Award dated 20.07.2021 and Award dated 07.08.2021 and enhance the compensation in respect of petitioner's property comprised
in S.No.908/2 New S.No.908/2A, S.No.905/2B new S.No.905/2B1, Erranahalli Village, Palacode Taluk, Dharmapuri District by following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and re-fix the compensation as per the provision of Schedule I & II and Section 26(1) a & b of the Central Act 30 of 2013, within the time frame to be fixed by this Court.
For Petitioner : Mr.R.Ramesh Raja
For R1 : Ms.D.Geetha
Senior Central Govt.Standing Counsel For R2 & R3 : Mr.C.Kathiravan Special Government Pleader
For R4 : Mr.Su.Srinivasan
ORDER
This writ petition has been filed for issuance of Writ of Mandamus, directing the 2nd respondent to pass appropriate orders on the reference/representation dated 21.09.2021 and 05.10.2021 made by the petitioner under Section 3G(5) of the National Highways Act, by reconsidering the two Awards dated 18.02.2021, Award dated 20.07.2021 and Award dated 07.08.2021 and enhance the compensation in respect of petitioner's property comprised in S.No.908/2 New S.No.908/2A and S.No.905/2B New S.No.905/2B1, Erranahalli Village, Palacode Taluk, Dharmapuri District, by following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and re-fix the compensation as per the provision of Schedule I & II and Section 26(1) a & b of the Central Act 30 of 2013, within the time frame to be fixed by this Court.
Sd/Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
Lpp
To 1. The Secretary to Government, Ministry of Road Transport & Highways, Government of India, National Highways Authority of India, G5 & 6, Sector – 10, Dwarka, New Delhi – 110 075. 2. The District Collector, Collectorate Office, Dharmapuri District, Dharmapuri. 3. Competent Authority / Special District Revenue Officer – Land Acquisition, National Highways – 844 (Hosur – Royakottai – Dharmapuri Section), Dharmapuri. 4. The Project Director (NH 844) National Highways Authority of India, PIU – Krishnagiri 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri. +1cc to M/s.D.Geetha, Advocate, S.R.No.66984 +1cc to the Government Pleader, S.R.No.67520 W.P.No.26550 of 2021 and W.M.P.No.28005 of 2021 SVI(CO) SU(28/12/2021)
1 issue framed by the court
Whether the District Collector properly fixed compensation by classifying land under RHS 2013 without determining market value for amenities.
4 provisions across 3 enactments
G. Selvam
The Secretary to Government, Ministry of Road Transport & Highways, National Highways Authority of India
The District Collector, Dharmapuri
Competent Authority / Special District Revenue Officer – Land Acquisition
The Project Director (NH 844), National Highways Authority of India
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
