LAWS(MAD)-2013-1-478

SINGAM REDDI Vs. DISTRICT COLLECTOR

Decided On January 10, 2013
Singam Reddi Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) THE prayer in this writ petition is seeking for a mandamus directing the respondents to pay compensation of Rs.1,36,850/- for 119 Guava trees standing in the land in S.No.196/4 at Dhhadhampatti Village, Vadipatti Taluk, Madurai District.

(2.) THE case of the petitioner is that the petitioner was the owner of the land in Survey No.196/4, Dhadhampatti village, Vadipatti (Tk), Madurai District. The said land was acquired under the National Highways Act, 1956 for the purpose of expansion of NH7. The further case of the petitioner is that he developed 119 fully grown fruit bearing guava tress and 26 coconut trees in the said land. No compensation was paid by the authorities for the standing trees. The petitioner was informed by the first respondent that review meeting was held on 12.02.2007, to assess the development of the land, in acquisition, for giving compensation to the trees standings in the said lands, after getting estimate from the Assistant Director of Agricultural Department, Vadipatti. Though, the second respondent prepared a list containing the petitioner's land with trees name and survey numbers, the petitioner was not paid compensation towards tress, but only paid a sum of Rs.1,78,750/- being compensation to the land. Therefore, the petitioner made a representation on 10.07.2007 seeking for compensation for the trees also. On 16.11.2007, the District Revenue Officer, Madurai, informed the petitioner that appropriate proceedings are being taken with regard to his request. Even thereafter, the petitioner was not paid. Therefore, the petitioner is filed the writ petition before this court.

(3.) IT is further stated by the second respondent that in the report submitted by the Special Tahsildar (LA), Vadipatti, dated 14.02.2006, it was stated that 119 Guava trees were found in the petitioner's land. But at the time of joint inspection by the Assistant Director of Horticultural only 26 coconut trees were found on the spot and no Guava trees were found as claimed by the petitioner.