N. PERIYASAMY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) SINCE the issue involved in all these Writ Petitions are common, all these Writ Petitions are taken up together and disposed of by this common order.

(2.) THE prayer in all these writ petitions is for the issuance of a writ of mandamus to direct the respondents herein to pay to the petitioners fair, reasonable and equitable compensation for the entire lands acquired in Ammapet and Erumapalayam in Salem District and for the demolition of the buildings thereon for the up -gradation and widening of the then existing two lane into four lane divided carriageway configuration of Salem -Ulundurpet section of National Highways NH -68 in the State of Tamil Nadu.

(3.) LEARNED counsel appearing on behalf of the second respondent by relying upon the counter affidavit filed would submit that in all the cases the rate of compensation has been fixed taking into consideration the sale transactions that had taken place in and around the places of acquisition. She would further submit that the Competent Authority also conducted enquiry under Section 3C of the National Highways Act, 1956 and received objections from the land owners. The objections were scrutinized with relevant documents and some of them were dismissed on merits. In certain cases, the petitioners have even received full compensation. Thereafter, now they seek enhanced compensation and that is now pending before the Arbitrator. Hence, this is not a question of non -payment of compensation alone. Therefore, she would contend that there is no illegality in either the acquisition or in making the payment and it is always open to the aggrieved parties to approach the appropriate authority, viz., the Arbitrator for necessary relief and not by way of filing writ petitions seeking mandamus.