IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2011
CORAM
THE HONOURABLE MR.JUSTICE VINOD K. SHARMA
W.P.NOS.13186 OF 2009, 13286 OF 2009,
16678 OF 2010 AND 16679 OF 2010
AND CONNECTED MISCELLANEOUS PETITIONS
W.P.NO.13186 OF 2009
V.Saravanan ... Petitioner
Versus
1.Union of India
Rep. by its Secretary
Ministry of Home, Transport and Highways
New Delhi.
2.The Authorised Officer cum
Special District Revenue Officer
National Highways No.68 (Acquisition)
Salem 4.
3.Tmt.Shanthi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent to give opportunity to the petitioner to place all the documents showing their right, title and interest for the lands described in the schedule hereunder which has been acquired and also produce relevant materials regarding the market value of the lands for fixing the compensation, through our legal practitioner on the day to be fixed by this Court which are to be considered before determining the amount payable to the petitioner for lands acquired under the National Highways Act, 1956.
For Petitioner : Mr.T.V.Krishnamachari
For Respondent – 1 : Mr.J.Ravindran
For Respondent – 2 : Mr.P.Wilson
Additional Advocate General
Assisted by Mr.M.Dhandapani
Special Government Pleader
B.Vijay, Government Advocate
W.P.NO.13286 OF 2009
1.J.Rajan Babu
2.S.Priya
3.B.Ramya … Petitioners
Versus
1.Union of India
Rep. by its Secretary
Ministry of Home, Transport and Highways
New Delhi.
2.The Authorised Officer cum
Special District Revenue Officer
National Highways No.68 (Acquisition)
Salem 4.
3.The Project Director (NH 68)
National Highways Authority of India
9/11, 2nd Floor, Omalur Main Road,
Salem 636 004.
(R3- impleaded as per order dated 21.09.2010
in M.P.No.2/2009 in W.P.No.13286/2009) … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent to give opportunity to the petitioners to place all the documents showing their right, title and interest for the lands described in the schedule hereunder which has been acquired and also produce relevant materials regarding the market value of the lands for fixing the compensation, through our legal practitioner on the day to be fixed by this Court which are to be considered before determining the amount payable to the petitioner for lands acquired under the National Highways Act, 1956.
For Petitioners : Mr.T.V.Krishnamachari
For Respondent – 1 : Mr.J.Ravindran
For Respondents 2&3 : Mr.P.Wilson
Additional Advocate General
Assisted by Mr.M.Dhandapani
Special Government Pleader
B.Vijay, Government Advocate
W.P.NO.16678 OF 2010
J.Rajan Babu … Petitioner
Versus
1.Union of India
Rep. by its Secretary
Ministry of Home, Transport and Highways
New Delhi.
2.The Authorised Officer cum
Special District Revenue Officer
National Highways No.68 (Acquisition)
Salem 4.
3.The Project Director (NH 68)
National Highways Authority of India
9/11, 2nd Floor, Omalur Main Road,
Near New Bus Stand, Salem 636 004.
4.S.Priya 5.B.Ramya ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent to give opportunity to the petitioner to place all the documents showing their right, title and interest for the lands described in the schedule hereunder which has been acquired and also produce relevant materials regarding the market value of the lands for fixing the compensation, through our legal practitioner on the day to be fixed by this Court which are to be considered before determining the amount payable to the petitioner for lands acquired under the National Highways Act, 1956.
For Petitioner : Mr.T.V.Krishnamachari
For Respondent – 1 : Mr.V.Kadirvelu
For Respondents 2&3 : Mr.P.Wilson
Additional Advocate General
Assisted by Mr.M.Dhandapani
Special Government Pleader
B.Vijay, Government Advocate
W.P.NO.16679 OF 2010
V.Saravanan … Petitioner
Versus
1.Union of India
Rep. by its Secretary
Ministry of Home, Transport and Highways
New Delhi.
2.The Authorised Officer cum
Special District Revenue Officer
National Highways No.68 (Acquisition)
Salem 4.
3.The Project Director (NH 68)
National Highways Authority of India
9/11, 2nd Floor, Omalur Main Road,
Near New Bus Stand, Salem 636 004.
4.Tmt.Shanthi … Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the 2nd respondent to give opportunity to the petitioner to place all the documents showing their right, title and interest for the lands described in the schedule hereunder which has been acquired and also produce relevant materials regarding the market value of the lands for fixing the compensation, through our legal practitioner on the day to be fixed by this Court which are to be considered before determining the amount payable to the petitioner for lands acquired under the National Highways Act, 1956.
For Petitioner : Mr.T.V.Krishnamachari
For Respondent – 1 : Mr.V.Kadirvelu
For Respondents 2&3 : Mr.P.Wilson
Additional Advocate General
Assisted by Mr.M.Dhandapani
Special Government Pleader
B.Vijay, Government Advocate
COMMON ORDER
The petitioners in these writ petitions are the owners of the lands which is being acquired by the respondent – National Highways for its Project. Notice under Section 3-A of the National Highways Act, 1956 (shortly “the Act”) was issued for acquiring the lands for public purpose that is for building, maintenance, management and operation of the National Highway NH 68 project. The petitioners filed objections under Section 3-C of the Act, which were rejected by the competent authority. Though the petitioners have also challenged the rejections, the prayer in these writ petitions is for issuance of a writ in the nature of mandamus, directing the respondents to give opportunity to the petitioners to place all the documents showing their right, title and interest for the lands under acquisition and also to permit them to lead evidence in support of the market value of the land under acquisition on the date of notice under Section 3-A of the Act.
2.A reading of Section 3-G of the Act shows that for the lands which sought to be acquired under the Act, the land owner is to be paid an amount to be determined by the competent authority.
3.Section 3-G of the Act further stipulates the payment of market value of the lands, on the date of publication or notification under Section 3-A of the Act.
4.The market value for the lands can only be determined after an opportunity given to the land owners and the State to prove the value of the lands by producing relevant documentary and oral evidence in support thereof and also lead evidence about potentiality etc.
5.The market means the value which an intending seller would receive from the purchaser. It will therefore be necessary for the competent authority to permit the land owners or the persons interested to produce the documentary evidence and other evidence in support of the market value of the land.
6.This proposition is not disputed by the learned Additional Advocate General on behalf of the respondent National Highways Authority of India.
7.In view of the stand taken by the respondents, these writ petitions deserve to be allowed.
8.The petitioners in addition to market value also claim solatium and interest, as provided under the Land Acquisition Act.
9.On the other hand, the stand taken by the respondent National Highways Authority of India is that in the absence of any provisions of the grant of solatium and interest under the Act, the petitioners are not so entitled.
10.It is not in dispute that the vires of the Section 3-A to 3-J of the Act which denies the benefit of solatium and interest is under challenge before this Court. In order to resolve this controversy for the present the learned Additional Advocate General gives an undertaking at the Bar, on behalf of National Highways Authority of India that in the event of the success of the writ petitions challenging the vires of the Act, or in the event of this Court coming to the conclusion that the land owners would be entitled to solatium and interest also, then the same would also be paid to the petitioners herein, irrespective of disposal of these writ petitions at this stage.
11.In view of the undertaking given by the learned Additional Advocate General, these writ petitions are disposed of with a direction to the competent authority, to determine the market value of the acquired land after permitting the petitioners to produce documentary and oral evidence in support of the claim of the market value.
12.It shall also be open to the petitioners to place all the documentary evidence which are in their possession so as to enable the competent authority to fix the market value on the date of issuance of notice under Section 3-A of the Act. The respondents shall be bound by the undertaking given by the learned Additional Advocate General with regard to the payment of solatium and interest.
13.This order shall not prevent the petitioners from raising all the plea available to them, to challenge the vires of the Act, in the pending writ petitions.
14.The parties through their counsels are directed to appear before the competent authority on 04.02.2011 at 10.00 a.m. with all relevant evidence both documentary and oral.
15.With the above observation and direction, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
25.01.2011
Index : Yes
Internet : Yes
TK
VINOD K. SHARMA, J.
TK
To
1.The Secretary
Government of India
Ministry of Home, Transport and Highways
New Delhi.
2.The Authorised Officer cum
Special District Revenue Officer
National Highways No.68 (Acquisition)
Salem 4.
3.The Project Director (NH 68)
National Highways Authority of India
9/11, 2nd Floor, Omalur Main Road,
Near New Bus Stand, Salem 636 004.
W.P.NOS.13186 OF 2009, 13286 OF 2009,
16678 OF 2010 AND 16679 OF 2010
25.01.2011