Disposed

Valsalakumar v. The District Collector

Madras HC1 Apr 2022WP(MD)/6019/2022

Case brief

AI extract

What is this about?

This writ petition was filed under Article 226 seeking a direction for the expedited disposal of a pending statutory appeal for enhancement of land acquisition compensation. The High Court directed the District Collector to pass the final award after a fair hearing within six months.

What did the court decide?

Directed the first respondent to pass a final award in the statutory appeal after a fair hearing within six months.

Valsalakumar Vs The District Collector — Land Acquisition | Madras HC (2022)

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W.P.(MD)No.6019 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 01.04.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.6019 of 2022

T.Valsalakumar

... Petitioner

1.The District Collector, Kanniyakumari District Collectorate, Nagercoil – 629 001.

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2.The National Highways Authority of India (NHAI), represented by its Project Director, Tirunelveli, at Nagercoil.

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3.The Competent Authority and

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Special District Revenue Officer (LA-NH), Tirunelveli District. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1^st respondent to consider the appeal of the petitioner, dated on 10.09.2018 and the consequential reminder on 21.09.2020, by reconsidering the value of petitioner land in Sy.No.709/8 of Vadasery Village, in part with adjacent land value and to add multiplication of 1.25 and also to grant 100% solatium with 15% interest per annum.

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For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.M.Lingadurai for R1 and R3 Special Government Pleader

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ORDER

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This writ petition has been filed for Mandamus seeking for a direction to the first respondent to consider the statutory appeal filed by the petitioner, dated 10.09.2018 and pass final orders on merits and in accordance with law, within a time frame to be fixed by this Court.

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2.The petitioner has filed a statutory appeal seeking for enhancement of compensation under the National Highways Act before the first respondent on 10.09.2018. The said appeal is still pending. The petitioner seeks for early disposal of the said https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.6019 of 2022

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appeal. The petitioner's land situated in S.No.709/8, Vadasery Village, has been acquired under the National Highways Act.

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3.Heard Mr.K.P.Narayanakumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 & 3.

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4.No prejudice will be caused to the respondents, if the petitioner's appeal is disposed of expeditiously within a time frame to be fixed by this Court.

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5.For the foregoing reasons, this Court directs the first respondent to pass final award in the petitioner's statutory appeal, dated 10.09.2018, after affording a fair hearing to the petitioner and other necessary parties, within a period of six months from the date of receipt of a copy of this order.

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6.With the aforesaid directions, this writ petition is disposed of. No costs.

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// True Copy //

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Note :In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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1.The District Collector, Kanniyakumari District Collectorate, Nagercoil – 629 001.

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2.The National Highways Authority of India (NHAI), represented by its Project Director, Tirunelveli, at Nagercoil.

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

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W.P.(MD)No.6019 of 2022

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3.The Competent Authority and Special District Revenue Officer (LA-NH), Tirunelveli District.

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+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-16474[F] dated 05/04/2022 )

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+1 CC to M/s.SPL.GP ( SR-16685[F] dated 05/04/2022 ) W.P.(MD)No.6019 of 2022 01.04.2022

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SB(CO) GC(11.04.2022) 3P 6C

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

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Valsalakumar v. The District Collector

Case brief

What is this about?

What did the court decide?

Valsalakumar v. The District Collector

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

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