Madras High Court
S.Ramalingam … vs The Additional Chief Secretary/ on 23 September, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2022
CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022
W.P.No.25846 of 2022:
S.Ramalingam … Petitioner
Vs.
1.The Additional Chief Secretary/
Commissioner of Land Administration,
Ezhilagam,Chepauk,
Chennai – 600 005.
2.The District Collector/Land Acquisition Officer,
(Project of Formation of New Broad Gauge Railway line
between Chinna Salem and Kallakurichi),
Kallakurichi, Kallakurichi District.
3.The Revenue Divisional Officer,
Kallakurichi,
Kallakurichi District.
4.The Special Tahsildar (Land Acquisition),
Southern Railways,
Kallakurichi,
Kallakurichi District. … Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
Page No.1 of 7
https://www.mhc.tn.gov.in/judis
W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022
praying for issuance of Writ of Mandamus, directing the second respondent to
consider the representation of the petitioner dated 26.07.2016, 13.03.2018
and 16.08.2022 with respect to fixation of market value for the acquisition of
the petitioners land in Survey No.158/1A8 to an extent of 0.01.0 hectares
situated in Kallakurichi Village, Kallakurichi Taluk and District under Patta
No.2909 and consequently direct the respondents to grant an opportunity to
the petitioner under Section 7(5) of Tamil Nadu acquisition of Land for
Industrial purposes Act, 1997 (Tamil Nadu Act 10 of 1999) and direct the
respondents to fix the market value under Sections 26 to 30 of the Rights to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Re-Settlement Act, 2013 (Central Act No.30 of 2013) within a reasonable
time to be fixed by this Court.
For Petitioner : Mr.C.Mahendran
in all W.Ps
For Respondents : Mr.U.Bharanidharan,
in all W.Ps Additional Government Pleader
COMMON ORDER
The petitioners has filed these writ petitions for issuance of Writ of Mandamus, directing the second respondent to consider the petitioners' representations with respect to fixation of market value for the acquisition of the petitioners' land situated in Kallakurichi Village, Kallakurichi Taluk and Page No.2 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022 District and consequently, direct the second respondent to grant an opportunity to the petitioner under section 7(5) of Tamil Nadu Acquisition of land for Industrial purpose Act, 1997 (Tamil Nadu Act 10 of 1999) and direct the second respondent to fix the market value under Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013 (Central Act No.30/2013) within a reasonable time to be fixed by this Court.
2. Since the issue arises in these writ petitions are one and the same, these petitions are taken up for final disposal.
3. The case of the petitioners is that the petitioners purchased plots in the lay out called “AGS Nagar”, situated at Kallakurichi Village, Kallakurichi Taluk and District and the respective plots was acquired under the provisions of Tamil Nadu Acquisition of land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) for the purpose of formation of New Broad Gauge Railway line between Chinnasalem to Kallakurichi. Thereafter, 3(2) notification was issued on 30.01.2016 under the aforesaid Act, 1997 and pursuant to which the explanation was filed and 3 (1) notification was issued Page No.3 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022 on 21.12.2017, however, till date, no award was passed. Hence, the petitioners filed these writ petition with aforesaid prayer.
4. The learned counsel for the petitioners would submit that during the pendency of the land acquisition proceeding, the state has implemented Act 38 of 2019 and extended the benefit of Act 30 of 2013 to the State Land Acquisition Law. Hence, the petitioners are entitle to receive the benefit of Act 30 of 2013.
5. Considering the facts and circumstances of the case, this Court issues a direction to the respondents to pass award in terms of Act 30 of 2013 as per the Act 38 of 2019, within a period of six weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, these writ petitions are disposed of. No costs.
23.09.2022 Page No.4 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022 vm Index : Yes/No Speaking Order : Yes/No To:
1.The Additional Chief Secretary/ Commissioner of Land Administration, Ezhilagam,Chepauk, Chennai – 600 005.
2.The District Collector/Land Acquisition Officer, (Project of Formation of New Broad Gauge Railway line between Chinna Salem and Kallakurichi), Kallakurichi, Kallakurichi District.
3.The Revenue Divisional Officer, Kallakurichi, Kallakurichi District.
4.The Special Tahsildar (Land Acquisition), Southern Railways, Kallakurichi, Kallakurichi District.Page No.5 of 7
https://www.mhc.tn.gov.in/judis W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022 M.DHANDAPANI,J.
Vm W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022 Page No.6 of 7 https://www.mhc.tn.gov.in/judis W.P.Nos.25846 to 25850 & 25852 to 25854 of 2022 23.09.2022 Page No.7 of 7 https://www.mhc.tn.gov.in/judis