Disposed

V.Radhakrishnan v. The District Collector

Madras HC30 Jan 2023WP/1522/2023

Case brief

AI extract

What is this about?

In this petition for a writ of Mandamus to restrain land acquisition, the petitioner sought acquisition of land for road expansion. The acquisition authority reversed its demand to acquire a lesser extent. The Court disposed of the petition directing the acquisition based on the reduced requirement, provided compensation is paid under the Tamil Nadu Land Acquisition Act, 2013 before handover.

What did the court decide?

The writ petition was disposed of with a direction to proceed with acquiring the reduced land extent after paying compensation under the Act of 2013 to the petitioner.

V.Radhakrishnan Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P.No.1522 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 30.01.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.1522 of 2023

V.Radhakrishnan

.. Petitioner

The District Collector Chengalpet District, Chengalpet.

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The Special Thasildar (L.A) Chengalpet Taluk, Chengalpet.

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The Special District Revenue Officer (L.A) Industrial Corridor Project, Kancheepuram. .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the

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issuance of a Writ of Mandamus, forbearing the respondents 1 to 3, their men,

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agents, servants, contractors, departmental persons and others authorized on their

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behalf from interfering with lands comprised in S.No.458/2B, S.No.458/3B and S.No.460A/2A2 all at Athur Village, in Chengalpet Taluk, Chengalpet District.

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For Petitioner : Mr.G.Vivekanandan

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For Respondents : Mr.P.Sathish Additional Government Pleader

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W.P.No.1522 of 2023

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ORDER

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The prayer sought for herein is for a writ of Mandamus, forbearing the respondents 1 to 3, their men, agents, servants, contractors, departmental persons and others authorized on their behalf from interfering with lands comprised in S.No.458/2B, S.No.458/3B and S.No.460A/2A2 at Athur Village, Chengalpet Taluk, Chengalpet District.

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The petitioner's land, to the extent of 230 square meters in three different survey numbers viz., S.No.458/2, S.No.458/3 and S.No.460A/2A was sought to be acquired through the Tamil Nadu Highways Act, for the purpose of expansion of road, ie., S.H.58.

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As per the procedure, notification was issued and compensation also had been fixed. The petitioner also agreed to accept the compensation, however, the compensation has not been paid. Subsequently, the Acquisition Authority has sought for only a lesser extent of the land for the purpose of road expansion, in respect of the petitioner's property and according to the requirement, they required 45 square meters in S.No.457/1A, 95 square meters in S.No.458/2 and 10 square

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W.P.No.1522 of 2023

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meters in S.No.458/3. Taking into account this requirement, the second respondent had sent a written instructions by his proceedings in e/f/186/2018/m1 dated 30.01.2023, where, inter alia , he has stated the following:

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“vdnt. Vw;fdnt epyvLg;g[ bra;a jkpH;ehL beL";rhiy rl;lk; 2001 gphpt[ 15(2) kw;Wk; 15(1) mwpf;ifapy; nkw;go fpuhk g[yvz;/458/3y; 90 rJu kPl;lh; vd btspaplg;gl;lJ/ Mdhy;. nfl;g[j;Jiw (beL";rhiy) Jiw 10 rJu kPl;lh; epyk; njitg;gLfpwJ vd;W nfhhpa[s;shh;fs;/

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nkw;fz;l N:H;epiyapy; epyvLg;g[ mYtyh; Vw;fdnt mwpf;if btspaplg;gl;l epyk; g[yvz;/458/3 tp!;jPuzk; 10 rJu kPl;lh; vd;W jpUj;jk; mwptpf;if btspapl;L. epyvLg;g[ eltof;if bjhlu ntz;oa[s;sJ/ g[jpajhf epyvLg;g[ bra;a cs;s g[yvz;/457/1Ay; 45 rJu kPl;lh; mst[ tp!;jpuzj;jpw;F epyvLg;g[ eltof;if nkw;go rl;lk; gpupt[ 15(2) kw;Wk; 15(1)d; fPH; mwptpf;if btspapl;L epyvLg;g[ eltof;if bjhlu cs;sJ/

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nkYk;. epyvLg;g[ eltof;if Kgikahf Kof;fg;gl;L epy';fYf;fhd epyvLg;g[ rl;lk; (kj;jpa) 30/2013d; tpjpfisa[k; eilKiwg;gLj;jp ,Hg;gPLj;bjhif jPh;khzpf;fg;gl;L. jf;f Miz

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W.P.No.1522 of 2023

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gpwg;gpf;fg;gLk;. epychpikahsUf;F ,Hg;gPLj;bjhif tH';fpa gpd;dnu. nfl;g[j;Jiwf;F (beL";rhiyJiw)aplk; epyk; xg;gilf;fg;gLk; vd;w jw;nghija epiyia fdk; cah;ePjpkd;wj;jpw;F rkh;gpj;J ,t;tHf;if Koj;Jitf;f jf;f Miz gpwgpf;f fzk; cah;ePjpkd;wj;ij gzpt[ld; nfl;Lf;bfhs;s ntZkha; ,t;twpf;if rkh;g;gpf;fg;gLfpwJ/”

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Relying upon the aforesaid written instructions given by the second

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respondent, Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents would submit that, as per the present requirement, the land to the extent of 45+95+10 square meters, totaling 150 square meters in the aforesaid three survey numbers would be acquired from the petitioner's land, for which, necessary notification under Section 15(2) and 15(1) would be issued and after acquiring the land, by determining the compensation and paying the same to the petitioner, only then the land in question, to be acquired from the petitioner, would be handed over to the Requisition Body.

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I have heard Mr.G.Vivekanandan, learned counsel appearing for the petitioner, who even though made some submissions after having gone through the present instructions given by the second respondent, would further submit that, if

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W.P.No.1522 of 2023

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the respondent wanted to acquire a lesser extent of land, as stated in their written instructions dated 30.01.2023 and to pay compensation under Act 30 of 2013, the petitioner may not have much objection in such acquisition procedure. Therefore, let them proceed with the acquisition procedure, provided, the land would be handed over to the Requisition Authority only after the compensation is paid to the petitioner.

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I have considered the said submissions made by learned counsel appearing for both sides and have perused the materials placed before this Court.

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In view of the aforesaid developments, where, by the proceedings dated 30.01.2023, the stand of the respondents has been made clear and accordingly, after having regard to the same, this Court feels that this writ petition can be disposed of with the following orders:

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The stand taken by the respondents through their communication dated 30.01.2023, as extracted herein above, is taken on record, based on which, necessary action can be initiated and procedeed by the respondents to acquire the land, as per the requirement stated herein, from the petitioner and

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W.P.No.1522 of 2023

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after paying compensation under the provisions of the Act 30 of 2013 (Central Act), the land in question would be taken over from the petitioner and would be handed over to the Requisition Authority.

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With these directions and observations, this writ petition is disposed of.

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There will be no order as to costs.

Index: Yes/No drm

30.01.2023

The District Collector Chengalpet District, Chengalpet.

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The Special Thasildar (L.A) Chengalpet Taluk, Chengalpet.

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The Special District Revenue Officer (L.A) Industrial Corridor Project, Kancheepuram.

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W.P.No.1522 of 2023

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R. SURESH KUMAR, J.

(drm)

W.P.No.1522 of 2023

30.01.2023

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V.Radhakrishnan v. The District Collector

Case brief

What is this about?

What did the court decide?

V.Radhakrishnan v. The District Collector

Case brief

What is this about?

What did the court decide?

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