S.Santhanamathy Vs The Project Director

S.Santhanamathy vs The Project Director

Type Court Judgment Court Chennai Decided Mar 06, 2025

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Citation: sooperkanoon.com/1719362
Court: Chennai High Court
Judge: Honourable Mr Justice N. Anand Venkatesh
Decided On: Mar 06, 2025
Case Number: WP/1007/2022

Parties & Advocates

Appellant / Petitioner

S.Santhanamathy

Respondent

The Project Director

Excerpt

.....private negotiation was entered into with the petitioner in that writ petition and a sale deed was also executed dated 12.07.2023 which was registered as document no.6202 of 2023. a copy of the document was also placed before this court.5.it was also brought to the notice of this court that the case of thepetitioner will also be dealt with in the same manner and that the earlier orderpassed in w.p.no.3057 of 2022 dated 18.02.2022 will enure in favour of the petitioner also. 6.in the light of the above submission and after considering the materials placed before this court, there shall be a direction to the petitioner to submit a fresh representation before the special district revenue officer (land acquisition), national highways project, chengalpattu. on the receipt of thesame, the concerned authority shall deal with the claim made by the petitioner for compensation and the same procedure that was adopted on the earlier occasion in the case of parameswari vs. the director, nhai, no.dp 34 sri towers, south phase, 3rd floor, guindy, chennai and others in w.p.no.3057 of 2022 shall be adopted for the petitioner also. the entire process shall be completed within a period of eight weeks from the date of receipt of the representation from the petitioner.7.this writ petition is disposed of with the above directions. no costs. 06-03-2025 index:yes/nospeaking/non-speaking orderinternet:yes neutral citation:yes/no ssr to1. the project directornational highways authority of india, guindy, chennai 600 032 2.the district collector chengalpattu 603 001 3.the special district revenue national highways project, kanchipuram 603 501. 4.the tahsildar alandur, chennai 600 016 5.the tahsildar gst road, pallavaram, chennai 600 043 6.the special district revenue national highways project, chengalpattu.n.anand venkatesh j. ssr wp no. 1007 of 2022 06-03-2025

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 1007 of 2022

1. S.Santhanamathy Petitioner(s) Vs

1. The Project Director

National Highways Authority of India, Guindy, Chennai 600 032 2.The District Collector Chengalpattu 603 001 3.The Special District Revenue National Highways Project, Kanchipuram 603 501. 4.The Tahsildar Alandur, Chennai 600 016 5.The Tahsildar GST Road, Pallavaram, Chennai 600 043

6.The Special District Revenue National Highways Project, Chengalpattu. Respondent(s) th [R6 suo motu impleaded as the 6 respondent vide order dated 06.03.2025 in W.P.No.1007 of 2022] PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to pay compensation to the petitioner for having acquired her land situated in Plot No. 5, comprised in R.S. No. 156/2, Pammal Village, presently Alandur taluk, Kanchipuram District measuring an extent of 2400 sq.ft as per the Right to Fair Compensation, and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a reasonable time.

For Petitioner(s): Mr.G.Jeremiah For Respondent(s): Mr.Su.Srinivasan Standing Counsel for R1 Mr.M.R.Gokul Krishnan Additional Government Pleader for R2 to R5

ORDER

The Special District Revenue Officer (Land Acquisition), National Highways Project, Chengalpattu is suo motu added as the 6th respondent in this writ petition. 2.This writ petition has been filed for issue of writ of mandamus directing the 3rd respondent to pay compensation to the petitioner for having acquired the lands belonging to the petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3.When the matter came up for hearing on 13.02.2025, the following

order was passed by this Court:

When the matter was taken up for hearing today, learned counsel for the petitioner produced the order passed in WP.No.3057 of 2022 dated 18.02.2022, pursuant to which proceedings were initiated by the RDO, Tambaram dated 22.01.2023. The learned counsel submitted that the petitioner is also similarly placed and hence, he is entitled for the very same benefit that was given to one M.Parameswari. The learned Additional Government Pleader seeks for sometime to take instructions in this regard.

2.Post this case under the caption 'for orders' on 20.02.2025.

4.When the matter was taken up for hearing today, the learned Standing Counsel appearing on behalf of National Highways Department submitted that pursuant to the order passed in W.P.No.3057 of 2022, dated 18.02.2022, a private negotiation was entered into with the petitioner in that writ petition and a Sale Deed was also executed dated 12.07.2023 which was registered as Document No.6202 of 2023. A copy of the document was also placed before this Court.

5.It was also brought to the notice of this Court that the case of the

petitioner will also be dealt with in the same manner and that the earlier order

passed in W.P.No.3057 of 2022 dated 18.02.2022 will enure in favour of the petitioner also. 6.In the light of the above submission and after considering the materials placed before this Court, there shall be a direction to the petitioner to submit a fresh representation before the Special District Revenue Officer (Land Acquisition), National Highways Project, Chengalpattu. On the receipt of the

same, the concerned authority shall deal with the claim made by the petitioner for compensation and the same procedure that was adopted on the earlier occasion in the case of Parameswari vs. The Director, NHAI, No.DP 34 Sri Towers, South Phase, 3rd Floor, Guindy, Chennai and others in W.P.No.3057 of 2022 shall be adopted for the petitioner also. The entire process shall be completed within a period of eight weeks from the date of receipt of the representation from the petitioner.

7.This writ petition is disposed of with the above directions. No Costs. 06-03-2025 Index:Yes/No

Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No ssr To