G.SEKAR Vs. SECRETARY HIGHWAYS DEPARTMENT

JUDGEMENT

(1.) When the matter was taken up for hearing on 23.04.2019, this Court has passed the following orders:-

(2.) The learned counsel for the petitioners would submit that an extent of 226 sq.meter was not acquired under the provisions of the Act and the said lands have been utilized for construction of retaining the wall as well as used for road. According to the learned counsel for the petitioners, the action of the respondents is highhanded, illegal and arbitrary.

(3.) The learned Standing Counsel appearing for the seventh respondent had admitted that the aforesaid disputed land of 226 sq.meter has not been acquired by the Department and that, due to the mistake committed by the Department, the said land was utilized for the construction of retaining the wall as well as for usage of road and therefore, such utilization of the un-acquired land was neither willful nor wanton. Further, it is submitted that the seventh respondent assured the petitioners that due compensation will be paid to the landowners for the utilization of such un-acquired lands. The petitioners also made a request for payment of compensation and also filed Writ Petition in W.P.No.1652 of 2016 and this Court, vide its order dated 03.02.2016, disposed the said Writ Petition, by directing the respondents to consider and pass orders on the representation of the petitioners, dated 26.08.2015. Pursuant to the order, the second respondent conducted an enquiry on 11.11.2016, regarding payment of compensation for utilization of such un-acquired land alone and thereafter, accepting the suggestion of the seventh respondent, by proceedings dated 25.11.2016, ordered to pay the compensation to the petitioners to the extent of 226 sq.meter. It is further submitted that the seventh respondent, by his letter dated 02.06.2017, requested the second respondent to fix the rate for the above mentioned extent of 226 sq.meter on square meter basis and further by letter dated 11.07.2018, informed the second respondent that funds allotted for payment of compensation for land acquisition proceedings in respect of ECR are available with the fourth respondent and thereby, requested to fix the compensation payable to the writ petitioners and then to issue necessary directions to the fourth respondent for payment of compensation from the available funds. Pursuant to the letter of the seventh respondent, the second respondent, by letter dated 12.08.2017, directed the fourth respondent to determine the compensation and then pay compensation to the petitioners. In turn, the fourth respondent has directed the fifth respondent / Thasildar to fix the market value of the lands. Further, the seventh respondent, by letter dated 19.07.2018, reminded the fourth and fifth respondents to pay compensation amount to the landowners. Therefore, the seventh respondent has taken all the kinds of strenuous efforts for payment of compensation to the petitioners. Insofar as other relief of alternative site is concerned, the seventh respondent is not the Competent Authority to provide the Government lands. It is further stated that funds for payment of compensation for the acquisition proceedings in respect of expansion of ECR are now available with the fourth respondent and therefore, the fourth respondent has to be directed for payment of compensation to the petitioners, after determining the value of such un-acquired property.