YESURETHINAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed to direct the 1st respondent to pass orders on the Appeal, dated 28. 11. 2019 to enhance the compensation, awarded by the second respondent as per the provisions of Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013).

(2.) Mr. M. Rajarajan, learned Government Advocate takes notice for respondents 1, 2, 5 & 6, Mr. Su. Srinivasan, learned counsel takes notice for 3rd respondent and Mr. R. Vijayarajan learned Senior Standing Counsel takes notice for 4th respondent. Heard both sides. Considering the facts and circumstances of this case and by consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

(3.) Though no serious objections can be there from the respondents for disposal of appeal, which was preferred under Section 3(g)(5) of the National Highways Act, this Court noticed the improper way, by which the compensation has been determined by the second respondent while passing the award. It is not in dispute that while determining compensation for the lands acquired under the National Highways Act , the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred as Act 30 of 2013) applies.