VARADHARAJAN Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking to challenge an order dated 22.04.2008 passed by the first respondent viz., Competent Authority and the Special District Revenue Officer (LA), Kancheepuram and Thiruvallur Districts and after setting aside the same seeks for a direction to the first respondent to refer the matter to the civil forum for resolving the issue of compensation payable in respect of 0.20 acres in S.No.193/6B3A of Surrapet Village, Ambattur Taluk, Thiruvallur District as required under 3-H(3) & (4) of National Highways Act, 1956.

(2.) THE writ petition was admitted on 30.04.2008. Pending the writ petition, in the applications for interim stay and injunction only notice was ordered.

(3.) SINCE the Government had passed orders restricting the registration of unapproved plots, the petitioner could not proceed with the lay out and he could not arrange for sale of the plots and sale transaction got further delayed. During the year 2002, he came to know that the land was sought to be acquired for the purpose of laying of Chennai Bye-Pass connecting NH-4 and NH-5. Respondents 2 to 6 did not object to the said acquisition. The petitioner came to know that about 0.20 acres out of the total property was being acquired by the Highways and after giving the said plot to the Highways the contesting respondents were attempting to sell the land to third parties. The respondents are bound to register the remaining land of 0.17 acres in his favour. He came to know that notification for the proposed acquisition had been published in the newspapers. Immediately, the petitioner sent letters to the first respondent placing the true state of affairs. Thereafter, he issued a legal notice dated 16.04.2007 to the first respondent that he is entitled to receive the entire compensation.