Madras High Court
M/S.Titanium Equipment & vs The State Of Tamil Nadu By on 18 April, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P. Nos.33166 to 33168 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2022
CORAM:
THE HON'BLE MR. JUSTICE M.DHANDAPANI
W.P. Nos.33166 to 33168 of 2016
and
WMP Nos.28691, 28693 and 28695 of 2016
M/s.Titanium Equipment &
Anode Manufacturing Company Ltd.,
rep. By its Director S. Jayakumar .... Petitioner in both
W.Ps. Nos.33166 and 33168 of
2016
Padma .... Petitioner in W.P. No.33167 of 2016
Versus
1. The State of Tamil Nadu by
rep. By the Principal Secretary &
Commissioner of Land Administration,
Fort St. George,
Chennai.
2. The District Collector,
Kancheepuram.
3. The Special Tahsildar (Land Acquisition)
Broad Gauge Railway Line,
Madurandagam,
Kancheepuram District.
https://www.mhc.tn.gov.in/judis
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W.P. Nos.33166 to 33168 of 2016
4. Southern Railway,
rep. By its Deputy Chief Engineer,
Office of the Deputy Chief Engineer,
Gauge Conversion,
Egmore,
Chennai – 600 008 . ... Respondents in all W.P.s
Prayer in W.P. No.33166 of 2016 Writ Petition filed under Article 226
of the Constitution of India to issue Writ of Certiorarified Mandamus
calling for the records relating to (i) the Notification u/s. 4(1) of the Land
Acquisition Act 1894 bearing Rc. No.2674/2003/F1, dated 15.07.2010 and
published in the Kancheepuram District Gazette Extraordinary No.28 dated
20.08.2010 on the file of the 2nd respondent, ii) the Declaration u/s. 6 of the
Land Acquisition Act 1894 bearing No.VI (1)/264/2011, dated 27.05.2011
and published in the Tamil Nadu Govt. Gazettee No.23, dated 22.06.2011
on the file of the 1st respondent, iii) the Award No.3/2012-13, dated
31.10.2012 on the file of the 3rd respondent and iv) the Notice bearing
Na.Ka.2008/2002/A, dt. 06.06.2016 on the file of the 3rd respondent and
quash the same in so far as the same are relating to the portion of the
petitioner's Industry Land comprised in S. No.261B/2A1A, measuring
0.03.3 HAC and in S. No.261B/2A2B2A (new Sub-Division S. No.261
B/16), measuring 0.01.3 HAC i.e. In total 0.04.6 HAC (4,951.44 sq. ft) in
No.2 Vandalur Village, Kancheepuram District and consequently, direct the
respondents to initiate acquisition proceedings afresh under the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013, acquire the above portion of the Industry Land
of the Petitioner and determine and pay the compensation to it in
accordance with the methods and procedures prescribed therein.
Prayer in W.P. No.33167 of 2016 Writ Petition filed under Article 226
of the Constitution of India to issue Writ of Certiorarified Mandamus
calling for the records relating to (i) the Notification u/s. 4(1) of the Land
Acquisition Act 1894 bearing Rc. No.2674/2003/F1, dated 15.07.2010 and
published in the Kancheepuram District Gazette Extraordinary No.28 dated
20.08.2010 on the file of the 2nd respondent, ii) the Declaration u/s. 6 of the
Land Acquisition Act 1894 bearing No.VI (1)/264/2011, dated 27.05.2011
and published in the Tamil Nadu Govt. Gazette No.23, dated 22.06.2011
on the file of the 1st respondent, iii) the Award No.3/2012-13 dated
31.10.2012 on the file of the 3rd respondent and iv) the Notice bearing
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W.P. Nos.33166 to 33168 of 2016
Na.Ka.2008/2002/A, dt. 06.06.2016 on the file of the 3rd respondent and
quash the same in so far as the same are relating to the portion of her
Industry Land comprised in S. No.261B/2A2A1, (new Sub-Division S.
No.261 B/14), measuring 0.01.4 HAC and in S. No.261B/2A2B1A (new
Sub-Division S. No.261 B/15), measuring 0.00.9 HAC i.e. in total 0.02.3
HAC in No.2, Vandalur Village, Kancheepuram District and consequently,
direct the respondents to initiate acquisition proceedings afresh under the
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act 2013, acquire the above portion of her
Industry Land and determine and pay the compensation in accordance with
the methods and procedures prescribed therein.
Prayer in W.P. No.33168 of 2016 Writ Petition filed under Article 226
of the Constitution of India to issue Writ of Certiorarified Mandamus
calling for the records relating to (i) the Notification u/s. 4(1) of the Land
Acquisition Act 1894 bearing Rc. No.2674/2003/F1, dated 15.07.2010 and
published in the Kancheepuram District Gazette Extraordinary No.28 dated
20.08.2010 on the file of the 2nd respondent, ii) the Declaration u/s. 6 of the
Land Acquisition Act 1894 bearing No.VI (1)/264/2011, dated 27.05.2011
and published in the Tamil Nadu Govt. Gazette No.23, dated 22.06.2011
on the file of the 1st respondent, iii) the Award No.3/2012-13, dated
31.10.2012 on the file of the 3rd respondent and iv) the Notice bearing
Na.Ka.2008/2002/A, dt. 06.06.2016 on the file of the 3rd respondent and
quash the same in so far as the same are relating to the portion of the
petitioner's Industry Land comprised in S. No.261B/2C1A (new Sub
Division S. No.261 B/17), measuring 0.02.6 HAC in No.2, Vandalur
Village, Kancheepuram District and consequently, direct the respondents to
initiate acquisition proceedings afresh under the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 in the name of the petitioner as its owner, acquire
the above portion of the Industry Land and determine and pay the
compensation to it in accordance with the methods and procedures
prescribed therein.
For Petitioner in all W.P.s :Mr.N. Karthikeyan
For Respondents in all W.P.s :Mr.A. Anandan,
Govt. Advocate
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W.P. Nos.33166 to 33168 of 2016
COMMON ORDER
Since the issue involved in all these writ petitions, is one and the same, these writ petitions are disposed of by this common order.
2. It is the case of the petitioners in respective Writ Petitions that they are the absolute owners of the respective Industrial Lands bearing S.Nos.261-B/2A2A1 pt. & S. No.261-B/2A2B1A pt. Situated at No.2, Vandalur Village, Kancheepuram District for the total extent of 3.75 Acres. Their lands were sought to be acquired under the Land Acquisition Act, 1894 for the purpose of Broad Gauge Railway Line from Tambaram to Chengalpattu. Section 4(1) Notification was published on 15.07.2010 and Section 6 Declaration was published on 22.06.2011 in the Gazette for the said acquisition. It is the grievance of the petitioners that mandatory procedures under Sections 11, 12(2) of the Act has not been followed by the respondents while passing the Award and the same was communicated to them only on 05.06.2016. Such being the position, they are now claiming their right in terms of Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act 2013 for receiving the compensation amount. Hence, these writ petitions have been filed with the aforesaid prayers.
3. Learned counsel for the petitioners submitted that the respondents https://www.mhc.tn.gov.in/judis 4/8 W.P. Nos.33166 to 33168 of 2016 have not communicated the Award within the period stipulated in the Act and thus the period become lapsed in view of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act 2013. He further submitted that though the petitioners received the Award amount and submitted an application to refer the matter under Section 18 seeking for enhancement before the competent Court, and, therefore, they may be permitted to agitate their right before the competent court. Hence, he prays before this Court for issuance of appropriate directions.
4. Replying to the contention raised by the learned counsel for the petitioners, Mr.A. Anandan, learned Government Advocate appearing for the respondents submitted that the industrial lands belonging to the petitioners were acquired and Award amount also paid to the respective petitioners. He further drew the attention of this Court to the counter affidavit, specifically to paragraph Nos.11, 12 and 13, wherein it is stated that the Award was passed for a total amount of Rs.4,08,67,693/- on 31.10.2012, in which the amount determined were received by the respective petitioners on 25.10.2016 under protest. Further, it is stated that since the respondents have taken possession of land in the year 1997 itself, interest was also paid from the date of possession till the date of Award. https://www.mhc.tn.gov.in/judis 5/8 W.P. Nos.33166 to 33168 of 2016 Also, it is stated that based on the application received from the petitioners, the matter was also referred under Section 18 of the Act before the Sub- Court, Chengalpattu and the same was taken on file on 21.06.2017 vide LAOP Nos.31, 32 and 33 of 2017. Hence, he prays for dismissal of all these writ petitions on the aforesaid ground.
5. This Court heard the undivided arguments made by the learned counsel on either side and perused the materials placed on record.
6. It is not in dispute that the industrial lands pertaining to the petitioners were acquired by the respondents for widening Broad gauge Railway Line from Tambaram to Chengalpattu. It is also not in dispute that 4(1) Notification and 6 Declaration were published in a proper manner. It is further admitted that the respondents have taken possession of the subject lands in advance. Further, it is clear that the petitioners have not raised any objections at the time of 5A enquiry . Though it is the contention of the petitioners that the Award has been communicated to them after the period got lapsed, it has to be borne in mind that the lands have since been utilised by the respondents for the requisite purpose. More so, it came to light that the petitioners have received the Award amount with interest including the period of advance possession taken over by the respondents. Later as per the requisition submitted by the petitioners, the https://www.mhc.tn.gov.in/judis 6/8 W.P. Nos.33166 to 33168 of 2016 matter was also referred under Section 18 for enhancement of compensation before the Sub Court, Chengalpattu. That being the scenario, the relief sought for in these writ petitions claiming their right under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act 2013 can be agitated only before the competent jurisdiction court by filing proper application and not before this Court.
7. For the foregoing reasons, these writ petitions are disposed of. granting liberty to the petitioners to canvass all those points with regard to the entitlement of their right under the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act 2013 before the jurisdictional Court. No costs. Consequently, connected miscellaneous petitions are closed.
18.04.2022 Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To
1. The Principal Secretary & Commissioner of Land Administration State of Tamil Nadu, Fort St. George, Chennai.
https://www.mhc.tn.gov.in/judis 7/8 W.P. Nos.33166 to 33168 of 2016 M.DHANDAPANI, J.
vsi2
2. The District Collector, Kancheepuram.
3. The Special Tahsildar (Land Acquisition) Broad Gauge Railway Line, Madurandagam, Kancheepuram District.
4. The Deputy Chief Engineer, Southern Railway, Office of the Deputy Chief Engineer, Gauge Conversion, Egmore, Chennai – 600 008.
W.P. Nos.33166 to 33168 of 2016 18.04.2022 https://www.mhc.tn.gov.in/judis 8/8