Madras High Court
P.V.Nagarajan vs The District Collector on 20 June, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P. Nos.13721 & 13724 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.Nos.13721 & 13724 of 2024 and
W.M.P. Nos.14887 & 14889 of 2024
P.V.Nagarajan ... Petitioner in both WPs
Vs
1.The District Collector
Chennai District
Rajaji Salai, Chennai - 600 001
2.The Revenue Divisional Officer cum
Land Acquisition Officer
South Chennai Revenue Division
Guindy, Chennai - 600 032
3.Chennai Metro Rail Limited
Chennai Metros, Anna Salai
Nandanam, Chennai - 600 035
Represented by the Managing Director
4.The Special District Revenue Officer
(Land Acquisition)
Chennai Metro Rail Limited
Admin Buildig, CMRL Depot
Poonamallee High Road
Koyambedu, Chennai - 600 017 ... Respondents in both WPs
Prayer in W.P. No.13721 of 2024: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Certiorari calling for records
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https://www.mhc.tn.gov.in/judis
Page 1/7
W.P. Nos.13721 & 13724 of 2024
relating to notice of the 4th respondent in RC No.C5/030/2023 dated
02.05.2024, quash the same.
Prayer in W.P. No.13724 of 2024: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call
for records relating to the notice issued by the 4th respondent vide Na. Ka.
No.005/2022/LA/CMRL dated 14.03.2024, quash the same and consequently
direct the respondents to conduct a personal hearing with petitioner for fixation
of land value and compensation for the land acquired from the petitioner,
consider their representation and pass award on merits.
For Petitioner : Mr.Niranjan Rajagopalan
in both WPs
For Respondents : Mr.P.S.Raman, Advocate General
in both WPs Assisted by Mr.Aditya Chandramouli
for Mr.A.Selvendran,
Spl. Govt. Pleader for R1, R2 and R4
Mr.Jayesh B. Dolia, Senior Counsel
Assisted by Mrs.Rita Chandrasekar
for R3
COMMON ORDER
These writ petitions have been filed challenging the notice issued by the fourth respondent vide Na. Ka. No.005/2022/LA/CMRL dated 14.03.2024 and the consequential notice dated 02.05.2024 in RC No.C5/030/2023, quash the same and consequently for a direction to the respondents to conduct a personal hearing with the petitioner for fixation of land value and compensation for the ________ https://www.mhc.tn.gov.in/judis Page 2/7 W.P. Nos.13721 & 13724 of 2024 land acquired from the petitioner by considering his representation and pass award on merits.
2. It is the main grievance of the petitioner that the award has been passed without giving an opportunity of hearing to the petitioner. Challenging the action already initiated by the respondents vide their notice dated 08.12.2023 in Na. Ka. No.005/LA/CMRL/2021, the petitioner has filed a writ petition in W.P. No.1112 of 2024 seeking an opportunity of hearing and this court, vide its order dated 23.01.2024 has directed the respondents herein to give a fresh opportunity to the petitioner.
3. Pursuant to the said order, when the petitioner appeared before the respondents for an enquiry, it was informed to him that an award has already been passed on 08.12.2023. This fact is apparent that no opportunity whatsoever was given before passing an award. Hence when there is violation of principles of natural justice and the award has not considered any aspect, that cannot be sustained in the eye of law.
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4. Mr.P.S.Raman, the learned Advocate General, appearing for the respondents 1, 2 and 4 has fairly submitted that the award suffers on the ground of violation of natural principles of justice.
5. Mr.Jayesh B.Dolia, the learned senior counsel appearing for the third respondent adopts the submission of the learned Advocate General.
6. On the face of it, when this court has directed the respondents to give an opportunity to the petitioner vide its order dated 23.01.2024, once again the contention that the award has already been passed on 08.12.2023, proves the fact that the award is in violation of the principles of natural justice. In such view of the matter, this court has no hesitation to set aside the award and its consequential proceedings.
7. Accordingly, both the writ petitions are allowed. The award and its consequential proceedings passed by the 4th respondent dated 14.03.2024 and 02.05.2024 with regard to petitioner's land, are quashed. The petitioner is directed to appear before the 4th respondent, namely the Special District Revenue Officer (Land Acquisition), Chennai Metro Rail Limited on ________ https://www.mhc.tn.gov.in/judis Page 4/7 W.P. Nos.13721 & 13724 of 2024 24.06.2024. Thereafter on giving sufficient opportunity of personal hearing to the petitioner, the 4th respondent may pass a fresh award. It is made clear that before passing the award, it must be ensured that the petitioner is present. The 4th respondent has to receive proper acknowledgement for the presence of the petitioner. Since the award is set aside, the third respondent, namely Chennai Metro Rail Limited, is permitted to withdraw the amount already deposited by them in L.A.O.P. No.12 of 2024 on the file of the learned Principal District Judge, Chengalpet, by filing proper application. No costs. Consequently, the connected writ miscellaneous petitions are closed.
20.06.2024
Speaking order / Non-speaking order
Index : Yes / No
Neutral Citation : Yes / No
Asr
Note to Registry:
Issue order copy on 21.06.2024
To
1.The District Collector
Chennai District
Rajaji Salai, Chennai - 600 001
2.The Revenue Divisional Officer cum ________ https://www.mhc.tn.gov.in/judis Page 5/7 W.P. Nos.13721 & 13724 of 2024 Land Acquisition Officer South Chennai Revenue Division Guindy, Chennai - 600 032
3.The Special District Revenue Officer (Land Acquisition) Chennai Metro Rail Limited Admin Buildig, CMRL Depot Poonamallee High Road Koyambedu, Chennai - 600 017
4.The Government Pleader High Court, Madras ________ https://www.mhc.tn.gov.in/judis Page 6/7 W.P. Nos.13721 & 13724 of 2024 N.SATHISH KUMAR, J.
Asr W.P.Nos.13721 & 13724 of 2024 and W.M.P. Nos.14887 & 14889 of 2024 20.06.2024 ________ https://www.mhc.tn.gov.in/judis Page 7/7