R. THAJUNNISSA Vs. DISTRICT COLLECTOR, KANCHIPURAM DISTRICT KANCHIPURAM

JUDGEMENT

(1.) This Writ Petition has been filed, praying for the issuance of Writ of Mandamus, to direct the respondents to pay compensation to the petitioners for land in Survey Nos. 150 and 151 measuring to an extent of 0/11/50 Hectares (0.26 cents) in Konnerikukppam village, Kanchipuram taluk, Kanchipuram District under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) The petitioners are the joint owners of Nanja lands situated in S. Nos. 144/3, 4, 5, 6, 150/2, 3, 5, 7 and 151/4, 6 of Konnerikuppam village, Kanchipuram taluk, Kanchipuram District. The petitioners have developed the above extent of land into house sites in the name of 'Senthamizh Nagar' in the locality which was also approved by the Town and Country Planning Authority. In 1998, the Railway Authorities approached the petitioners for handing over possession of the lands for the purpose of converting the Meter Guage into Broad Guage railway line between Arakkonam and Chengleput without invoking the provisions of the Land Acquisition Act. In response to the request of the Railway Authorities, the petitioners have consented for parting their lands to them.

(3.) On 24/2/1999, the petitioners handed over 4.24 acres to the Railway Authorities and on behalf of the Railways, nearly thousand lorries dumped waste material over the land in order to raise the level for the purpose of laying a railway track. Eventually, Sec. 4(1) Notification was issued on 15/11/2004 in respect of 1.01 acres alone though the land which was utilized for inclusive of 27 cents of land which were extensively damaged. However, the said 27 cents of land was not included in 4(1) Notification, but remaining 2.96 acres of land was released and the same was converted into house sites and sold out as house sites by the petitioners.