Petitioner challenged a land acquisition award fixing compensation for his agricultural land acquired for the Chennai-Kanyakumari Industrial Corridor Project. The Court held that dissatisfaction with quantum must be pursued via an enhancement application, not by attacking the award, and dismissed the petition.
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W.P.No.23563 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.23563 of 2024 and W.M.P.No.25776 of 2024
R.Pandiyan
... Petitioner
vs.
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for records in respect of the land Acquisition Award No.15/2023 (SH-58-1) and Proceedings dated 24.07.2023 made in Na.Ka.124/2019/AA2 and related to the acquisition of Petitioner property Situated at Chengalpattu District, (Old Kanchipuram District), Chengalpattu Taluk, old Village Number 68, Authur AA Village, Survey Number 1105/2 and 1105/2A, Measuring an extent of 780 Square Meter for the purpose of extension of state highway, Walaja – Kanchipuram High Road, under the Chennai – Kanyakumari industrial corridor project, and quash the same insofar as the petitioner's livelihood agriculture land.
For Petitioner : Mr.K.Yuvaraj
For R1 to R6 : Mr.S.J.Sathik Mohamed Government Advocate
O R D E R
The Writ Petition is filed challenging the award passed by the 6th respondent fixing quantum of compensation for the lands of the petitioner acquired under Tamil Nadu State Highways Act, 2001.
Chennai-Kanniyakumari Industrial Corridor Project. After necessary notification, the 6th respondent passed impugned award fixing quantum of
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W.P.No.23563 of 2024
compensation payable to the petitioner, whose lands are acquired. Aggrieved by the same, the petitioner submitted a representation before the 6th respondent himself on 02.11.2023 seeking to set aside the award and the same has not been considered. Hence, the petitioner is before this Court.
19.10.2024
Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm
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To
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W.P.No.23563 of 2024
S.SOUNTHAR, J.
dm
W.P.No.23563 of 2024
19.10.2024
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1 issue framed by the court
Whether a writ petition under Article 226 challenging the quantum-fixing award in land acquisition is maintainable as against the acquisition itself.
2 provisions across 2 enactments
R.Pandiyan
The Government of Tamilnadu, Rep by its Secretary to Government, Department of Highways and Minor Port, Chennai
The Project Director, Chennai Kanyakumari Industrial Corridor Project, State Highway Department
The Superintending Engineer (Highways), Chennai Kanyakumari Industrial Corridor Project, State Highway Department
The District Collector, Kanchipuram District
The District Collector, Chengalpattu District
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
