J.Kumaravel Vs The District Collector

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents herein to direct the respondents 3 to 5 determine the amount payable as compensation under section 3G of the National Highways Act, 1956 for acquiring my land measuring about 0.6359 cents in S.F.No.109 and 2.7613 cents in S.F.No.110/3 and consequently pay such compensation to me.

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For Petitioner : Ms.S.Akila

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For Respondents : Mr.M.R.Gokulkrishnan Additional Government Pleader [R1 & R2] Mr.SU.Srinivasan, Standing Counsel [R3 to R5] *****

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O R D E R

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This writ petition has been filed seeking issuance of a writ of

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mandamus directing the respondents to act upon the representation made by the

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

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Writ Petition No.4838 of 2023

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petitioner wherein the petitioner is seeking for payment of compensation for the lands, which were taken over by the National Highways Authority of India without initiating proper acquisition proceedings.

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When the matter was taken up for hearing today, learned Additional Government Pleader produced the written instructions received from the Divisional Engineer of National Highways. The relevant portions are extracted hereunder:

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"I submit that the work of “Elimination of Black Spot ID TN-02013 for providing junction improvements at Km 121/000 – 122/200 of NH-209 (New NH-83)” was executed under Road Safety scheme 20192020 and the work was completed on 30.12.2020 and the work of shifting EB utilities was completed on 08.03.2021.

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I submit that while the above work was being executed, in order to improve the road safety standards in that location, the petitioner’s land to a little extent was necessarily required for the project. As the project was under progress, after discussing with the petitioner about the necessity of the project, the petitioner has orally agreed to provide land for the above project.

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However, the claim of the petitioner in W.P.No.4838 of 2023 that he has only agreed to provide the Highways Department 0.25 cents of the land is not true but the fact is that the petitioner had orally agreed to provide the actual required land for the project.

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I further submit that the execution of the above work was executed in 2020, by then the petitioner did not raise any objection to the project. It is imperative to note that the project was executed with the knowledge of the petitioner only.

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

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Writ Petition No.4838 of 2023

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I Submit that at present the project highway is under the jurisdiction of National Highways Authority of India, Dindigul the exact land of the petitioner is which the highway passes through can only be ascertained only after joint inspection with Revenue Department.

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I submit that with respect to the petitioner claim that the 7 No. of trees were removed illegally without permission is not true and I further submit that 22 No’s of trees which were hindrance to the above project were removed only after obtaining necessary permission from the Tahsildar, Pollachi letter dated.20.07.2020 and 03.08.2020. (Copy of letter enclosed).

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I further submit that the Shifting of EB Utilities which were hindrance to the above project were carried out as per the estimates prepared and submitted by the TANGEDCO and under the supervision of TANGEDCO officials. (Copy of Completion Certificate of EB shifting is enclosed).

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I further submit during the execution of the above work, the removal of trees and shifting of EB utilities were carried out in 20202021 but by then the petitioner did not raise any objection. It is imperative to note that the shifting works were carried out with the knowledge of the petitioner only.

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I Submit that the since the land in dispute is adjacent to the National Highway 83(Old NH 209) which is presently under the jurisdiction of National Highways Authority of India, joint inspection along with revenue department officials has to be conducted for ascertaining the exact area of land acquired for the above project."

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Heard Ms.S.Akila, learned counsel for petitioner,

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Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing for respondents 1 and 2 and Mr.SU.Srinivasan, learned Standing Counsel appearing

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for respondents 3 to 5.

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

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Writ Petition No.4838 of 2023

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It is quite evident from the written instructions given by the Divisional Engineer that the lands belonging to the petitioner has been utilized by the National Highways Authority of India. Hence, the petitioner is entitled for payment of compensation. There shall be a direction to the fourth respondent to pass orders after affording opportunity to the petitioner and fix the compensation payable to the petitioner and it shall be paid to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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This writ petition is disposed of with the above direction. No costs.

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23.04.2025

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Neutral citation : Yes/No Index : Yes/No Speaking Order / Non Speaking Order gm

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

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Writ Petition No.4838 of 2023