LAWS(MAD)-2014-3-61

N. NEELAMEKAN Vs. DISTRICT COLLECTOR

Decided On March 19, 2014
N. Neelamekan Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) BY consent of both parties, the writ petition is taken up for final disposal at the time of admission itself.

(2.) THE petitioner contends that the landed property measuring about 928 sq.mts. was classified as "GRAMA NATHAM" comprised in S.No.674/1, situate at Sholinganallur Village, within Pallikkaranai Sub -Taluk Tambaram Zone, Kancheepuram District was under the occupation of his ancestors and predecessors in title for more than 100 years. The petitioner further contends that he has been paying the property tax, statuary levies in respect of the property referred to above and that the electricity connection has been obtained for the house constructed on the property. The petitioner further submits that the possession of the property cannot be taken only on the basis that notices issued and without making any enquiry by the Collector, especially when he has raised objections that he cannot be evicted from the lands in question. The petitioner's adjacent land owners, viz., nine persons have filed writ petitions before this Court, challenging the notice for Land Acquisition. This Court while disposing of the writ petition in W.P.No.22118 of 2007, on 02.08.2007, passed the following order: -

(3.) THE petitioner further submits that even on 23.04.2012, the first respondent herein / The District Collector, Kancheepuram sent a communication in his Proceedings in R.C.No.38780/2007/F1, stating "steps were being taken to disburse the compensation amount" to the petitioners in W.P.Nos.22116, 22117 and 22118 of 2007, for which proposal was being sent for the perusal of the Principal Secretary cum Commissioner of Land Administration, Chennai and steps have been taken. The petitioner further submits that the Secretary to Government, National Highways, Secretariat, Madras -9 has sanctioned a sum of Rs.11,49,96,805/ - for payment of compensation for 6597 square metere to all the land owners including the petitioner in G.O.Ms.No.18 NH, dated 26.02.2013. It has also been stated that Rs.3 Crores had already been sanctioned in G.O.Ms.No.87 NH dated 20.05.2009 for the same purpose.