CHANDRAMATHI MUTHIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondents. The petitioner has stated that he had purchased the properties, in Plot Nos. 38,42 and 43, Srinivasa Nagar layout, 137, Velachery Village, Saidapet, by way of registered sale deeds, dated 17.2.1966 and 14.3.1966. When the petitioner wanted to sell the properties in question for mobilising the funds, for medical treatment, he had come to know, during the month of September, 2011, that the said properties had been acquired for the purpose of forming an highway. However, the petitioner had received the award amount of Rs. 22,82,006.40, under protest, as he had required the said amount for his medical treatment. Thereafter, the petitioner had made an application, dated 22.9.2011, requesting the first respondent to refer the matter to the Court concerned, as per Section 20 of the Tamilnadu Highways Act, 2001, for the enhancement of the compensation amount. However, the first respondent, by the impugned proceedings, dated 30.8.2012, rejected the request of the petitioner stating that the application filed by the petitioner is beyond the period of limitation prescribed under Section 20(1) of the Tamilnadu Highways Act, 2001.

(2.) The learned counsel appearing on behalf of the petitioner had submitted that the petitioner had knowledge of the award only on 9.8.2011. Therefore, the application filed by the petitioner, on 22.9.2011, is within the time limit prescribed under Section 20(1) of the Tamilnadu Highways Act, 2001. He had relied on the decision of the Supreme Court, in Bhagwan Das v. State of U.P., 2010 3 SCC 545, wherein, it had been held as follows:

(3.) A counter affidavit had been filed on behalf of the second respondent stating that the notice regarding the passing of the award had been issued to the petitioner, as per the provisions of the Tamilnadu Highways Act, 2001. It has also been stated that a notice, under Section 15(1) of the Tamilnadu Highways Act, 2001, had been published in the Tamilnadu Government Gazette and the land in question had vested with the State government, from the said date, free from all encumbrances. After completing the award enquiry, a final award had been proclaimed, on 2.1.2009, in Award No. 1 of 2009. Thereafter, a total amount of Rs. 20,93,131/- had been determined, as the compensation to be awarded, in respect of the land in S.No. 665/4, Velachery village, measuring an extent of 0.25 cents. As such, the claim of the petitioner for referring the matter, under Section 20 of the Tamilnadu Highways Act, 2001, which had been made on 22.9.2011, is belated, as it is beyond the period of sixty days specified under the said provision.