R. SREEDHER Vs. SPECIAL DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The Writ Petition is filed by the Landowner affected by Land Acquisition Proceedings, challenging the Notification in Na.Ka. No.250/ 2022/A1, dtd. 6/10/2022 issued by the 1st Respondent under Sec. 15(2) of Tamil Nadu Highways Act, 2001 and Final Award passed in Award No.21/2023 in Sl. Nos.1 & 2, dtd. 31/10/2023 fixing Compensation at the rate of Rs.4,000.00 per sq.ft., and calculating interest from 8/10/2022 and consequently, to direct the 1st Respondent to pass Final Award by fixing Compensation at the rate of Rs.5,000.00 per sq.ft., in respect of subject lands in Survey Nos.432/1-C & 452/1-A1B with interest from 31/12/2014.

(2.) The Petitioner is the Owner of the subject lands having purchased the same under a Sale Deed, dtd. 29/12/2006 registered as Document No.6327/ 2007. For the purpose of widening Maduravoyal-Valasarawakkam Road, the Respondents had acquired 50.30 cents of Petitioner's land situated in the above mentioned Survey Numbers. At the time of issuing Sec. 15(2) Notification in the year 2014, only the land of the Petitioner with an extent of 33.57 cents was covered by the notification. The remaining extent of Petitioner's land namely 16.73 cents (8.65 cents in S. No.432/1-C & 8.08 cents in S. No.452/1A1B) was utilised by the Respondents even though it was not covered by the Land Acquisition Notification. Later, it was found by the Respondents that the above said land, subject matter of the present Writ Petition, was not covered by the earlier Land Acquisition Notification issued in the year 2014. Therefore, a fresh notification was issued under Sec. 15(2) of the Tamil Nadu Highways Act, 2001 on 6/10/2022 for acquisition of subject land, which was already taken possession by the Respondents as early as 2018. Thereafter, the award was passed fixing Compensation to subject land at the rate of Rs.4,000.00 per sq.ft. However, in respect of the remaining extent of the Petitioner's land, which was acquired even in the year 2014, Compensation was fixed at Rs.5,000.00 per sq.ft. Aggrieved by the same, the Petitioner has come by way of this Writ Petition.

(3.) Mr. R. Yashod Vardhan, learned Senior Counsel appearing for the Petitioner submitted that Petitioner's land covered by the 2014 Notification and impugned Notification issued on 6/10/2022 are situated adjacent to each other and therefore, fixing Rs.4,000.00 per sq.ft., as the Compensation amount for the lands acquired in the year 2022 as against the Compensation of Rs.5,000.00per sq.ft., fixed for adjacent land acquired in the year 2014 is highly inequitable. The learned Senior Counsel further submitted that the Respondents calculated interest only from the date of fresh Notification issued under Sec. 15(2) (i.e., from 6/10/2022). However, Respondents have been in possession of the land even from 1/6/2018. In support of his contention, the learned Senior Counsel relied on the following Judgments: