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M.Elumalai v. Union of India

Madras HC3 Nov 2025WP/31378/2025

Case brief

AI extract

What is this about?

W.P.No. 31378 of 2025 (Madras HC, Krishnan Ramasamy J., 03.11.2025): solatium/additional amount claim for land acquired for NH-205 widening at Vedanginallur Village, Thiruvallur; Land Acquisition Act 1894 ss. 23(2), 23(1-A), 28 invoked; representation dated 27.06.2025; writ disposed with direction to 6th respondent (Competent Authority & Special District Revenue Officer) to decide representation on merits within 12 weeks; no costs; Union of India v. Tarsem Singh referred in prayer only; no ruling on entitlement.

What did the court decide?

Direction to the 6th respondent to consider the petitioner's representation dated 27.06.2025 on its own merits and dispose of the same in accordance with law within twelve weeks; writ petition disposed of with no costs. ¶37

M.Elumalai Vs Union of India — Land Acquisition | Madras HC (2025)

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W.P.No. 31378 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 03.11.2025

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CORAM

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THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY

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W.P.No. 31378 of 2025

M.Elumalai

... Petitioner

Vs.

1.Union of India,

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Represented by the Secretary to the Government of India,

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Ministry of Road Transport & Highways, Transport Bhawan, No.1, Parliament Street, New Delhi – 110 075.

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2.The Chairman, National Highways Authority of India, G5 & G6, Sector -10, Dwarka, New Delhi – 110 075.

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3.The Regional Officer NHAI, “Sri Tower”,

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3^rd Floor, DP-34, (SP), Industrial Estate, Guindy, Chennai – 600 032.

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4.The Project Director, NHAI, Project Implementation Unit, “Sri Tower”, 3^rd Floor, DP-34, (SP), Industrial Estate, Guindy, Chennai – 600 032.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 31378 of 2025

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5.The Arbitrator / District Collector, Collector's Office, Thiruvallur, Tamil Nadu.

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6.The Competent Authority & Special District Revenue Officer, National Highways-205, Thiruvallur District, Thiruvallur, Tamil Nadu. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 6 herein to pay Solatium amount at 30 percentage as per section 23(2) of the Land Acquisition Act, 1894 and an additional amount at 12 percentage per annum as per Section 23(1-A) from the date of Notification of the date Arbitral Award along with interest at 9 percentage for one year from the date of possession and thereafter at 15 percentage per annum till date of actual payment as per section 28 of the said act, 1894 in respect of the petitioner's land an extent of 3850 Sq.Meters in Sy.No. 203/1B and an extent of 3000 Sq.Meters in Sy.No.203/4B of Vedanginallur Village, Thiruvallur District acquired for the purpose of widening Alamelumangapuram-Pakkam Sector of NH-205 in compliance with the Judgement of the Honble Supreme Court of India ordered in case of Union of India Vs.Tarsem Singh.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 31378 of 2025

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For Petitioner : Mr.S.Anburaja For Respondent : Mr.V.Ashokkumar Senior Panel Counsel for R1 Mrs.S.R.Sumathy Standing Counsel for R2 to R4 Mr.S.Rajesh Government Advocate for R5 & R6

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ORDER

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This writ petition has been filed to direct the respondents to pay solatium amount and additional amount in respect of the land acquired for the purpose of widening the National Highway.

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Though a larger prayer has been sought for in the Writ Petition,

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the learned counsel for the petitioner would submit that it would suffice to direct the 6^th respondent to consider the representation made by the petitioner dated 27.06.2025 regarding payment of solatium and additional amount.

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https://www.mhc.tn.gov.in/judis

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W.P.No. 31378 of 2025

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Mr.S.Rajesh, learned Government Advocate, who takes notice

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on behalf of the respondents 5 and 6 would submit that the representation of the petitioner will be considered by the respondent and appropriate orders will be passed in accordance with law.

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In view of the above, this Court directs the 6^th respondent to consider the petitioner's representation dated 27.06.2025 on its own merits and dispose of the same in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

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5. With the above directions, this writ petition is disposed of. No costs.

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03.11.2025

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Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No

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kkn

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https://www.mhc.tn.gov.in/judis