Case Note & Summary
The petitioner, P. Felcy Helen Mary, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court, seeking a Writ of Certiorarified Mandamus to quash the proceeding bearing No. NHAI/PIU/NGL/LA/ROADSAFETYADVOCACY/2022/1601 dated 13.07.2022 issued by the third respondent (Project Director, NHAI). The petitioner also sought a direction to the respondents to disburse solatium and compensation by fixing the market value of the properties along with interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act), for the acquisition of land measuring 1.70 acres (equivalent to 170 sq meters) in S.No. 551/3B2B of Kovalam Village, Kanyakumari District. The petitioner claimed ownership of the subject land in S.No. 551/3 and 551/4 to an extent of 12.5 and 1.0 ares, previously in Agasteeswaram Village. The central government acquired the lands for laying a four-way National Highway from Kanyakumari to Tirunelveli. The petitioner made a representation dated 04.07.2022 to the respondents seeking fair compensation, but the third respondent issued the impugned proceeding dated 13.07.2022, which the petitioner sought to quash. The court, after hearing the learned counsel for the petitioner (Mr. S.C. Herold Singh), the Government Advocate for respondents 1 and 2 (Mr. R. Ragavendran), and the Standing Counsel for respondent 3 (Mr. Su. Srinivasan), disposed of the writ petition without going into the merits of the case. The court directed the respondents to consider the petitioner's representation dated 04.07.2022 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. The court clarified that it had not expressed any opinion on the merits of the claim and that the respondents were to decide the representation independently. The writ petition was disposed of with no order as to costs.
Headnote
A) Land Acquisition - Compensation - Market Value - Solatium - Interest - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Sections 26, 30, 31, 80 - Petitioner sought quashing of proceeding dated 13.07.2022 and direction to respondents to disburse solatium and compensation at market value with interest for acquisition of 1.70 acres of land - Court held that the respondents must consider the petitioner's representation dated 04.07.2022 and pass orders within eight weeks, as the petitioner is entitled to fair compensation under the Act (Paras 1-4).
Issue of Consideration
Whether the petitioner is entitled to solatium and compensation at market value with interest under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for land acquired for National Highway, and whether the respondents are obligated to consider the petitioner's representation dated 04.07.2022.
Final Decision
The writ petition is disposed of directing the respondents to consider the petitioner's representation dated 04.07.2022 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.
Law Points
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Sections 26
- 30
- 31
- 80
- Writ of Certiorarified Mandamus
- Article 226 of Constitution of India
