LAWS(MAD)-2018-6-759

S KADHER BASHA Vs. GOVERNMENT OF TAMIL NADU

Decided On June 29, 2018
S Kadher Basha Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) This writ appeal is filed challenging the order made in W.P.(MD)No.10370 of 2015, dated 01.03.2018. Appellant is the writ petitioner. The said writ petition along with a batch of other cases were disposed of by a common order passed by the learned Single Judge, wherein and whereby, all the writ petitions were dismissed with an observation that the land acquisition proceedings shall be completed after complying with all the legal formalities, including payment of compensation to the parties concerned.

(2.) Though this writ appeal was filed by raising very many grounds on merits of the matter, today, the appellant filed an affidavit before this Court, dated 106.2018, stating that, leaving the question of law raised in this appeal open, he is agreeable to receive the compensation for the lands, if such compensation is determined and awarded as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013. It is also stated that such concession is made by the appellant without prejudice to his right to take appropriate proceedings, if the appellant is not satisfied with the quantum of compensation. For better understanding, the affidavit filed by the appellant is extracted hereunder:-

(3.) The issue raised by me in the writ appeal is that the acquisition proceedings under the Tamil Nadu Highways Act, 2001 is abated on account of the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201