IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 12.3.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.5077 of 2010 and M.P.No.1 of 2010 A.Bhoologam. ... Petitioner -Vs.- 1.The Revenue Divisional Officer, Revenue Division Office, Ponneri, Tiruvallur District. 2.The Special Tahsildar (Land Acquisition) TPP Road Scheme, Ponneri Taluk Office, Ponneri. 3.National Highways Authority of India, represented by its Project Director, 8th Floor, Annexe Building, Spic House, 88, Mount Road, Guindy, Chennai-600 032. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to pay compensation for the land and building of the petitioner in (Old Survey Nos.70/2F, 71/2) New Survey Nos.70/2 & 71/2 to an extent of 2760 feet acquired by the respondent to the current market rate. For petitioner : Mr.K.Thilageswaran For respondents : Mr.S.Sivashanmugam, Government Advocate for R1 and R2. https://hcservices.ecourts.gov.in/hcservices/ : Mr.P.Wilson, Senior Counsel for M/s.Wilson Associates for R3. O R D E R Writ Petition is filed to issue a Writ of Mandamus directing the respondents 1 to 3 to pay compensation for the land and building of the petitioner in Old Survey Nos.70/2F, 71/2 (New Survey Nos.70/2 & 71/2) in an extent of 2760 feet acquired by the respondents to the current market rate. 2. Petitioner claims to be the owner of the land in Old Survey Nos.70/2F, 71/2 (New Survey Nos.70/2 & 71/2) in an extent of 2760 feet at Patravakkam village, Ambattur. The said land has been acquired by the third respondent for expansion of the Highways. The grievance of the petitioner earlier was that the land was taken away without following the due process of law, a suit O.S.No.222 of 2006 was filed in the District Munsif Court, Ambattur and the said suit was decreed. The third respondent filed C.R.P.No.1293 of 2009 to set aside the decree. This Court passed an order that except the acquired property by due process of law, the third respondent officials shall not take any action with regard to the other property. In the revision petition, the present writ petitioner was arrayed as the first respondent wherein the first respondent stated that he is willing to part with property so long as the compensation is paid in accordance with law. The present writ petition has been filed in view of the inaction on the part of the respondents to pay compensation inspite of the representations dated 26.1.2010 and 9.2.2010. Even the representation given to the District Collector has not evoked any response. The petitioner claims that he is a physically challenged person and is a senior citizen and was eking out his livelihood by operating cycle stand in the said property. 3. Mr.S.Sivashanmugam, learned Government Advocate appearing for the respondents 1 and 2 and Mr.P.Wilson, learned Senior Counsel appearing for third respondent pointed out that compensation in respect of the property has been deposited in the Sub Court, Poonamallee. 4. If the land has been acquired by following the procedure prescribed under the National Highways Act, 1956, then the petitioner is entitled to get the compensation determined and seek enhancement of compensation in the manner prescribed under the Act. If on the contrary, the acquisition has not been done in accordance https://hcservices.ecourts.gov.in/hcservices/ with law, the first respondent Revenue Divisional Officer shall forward the petitioner's claim to the Competent Authority, the District Revenue Officer to consider the said plea of the petitioner in the light of Section 3G of the National Highways Act. Insofar as the amount that has been deposited in the Court/Tribunal is concerned, the petitioner is entitled to approach the Court/Tribunal for payment of compensation as per his lawful claim and entitlement. If the petitioner is aggrieved by the quantum of compensation he is also entitled to approach the District Collector for enhancement of compensation in terms of Section 3G of the National Highways Act, 1956. 5. If the land of the petitioner has not been acquired in the manner prescribed, then the authority shall take into consideration, the petitioner's bona fide plea that he is willing to part with the land so long as the compensation fixed is as per law. In any event, the petitioner should be heard by the Competent Authority or the third respondent as the case may be and the petitioner is entitled to make a representation in this regard. Such representation, if made along with a copy of this order, shall be considered and disposed off on merits and in accordance with law on or before 30.4.2010. 6. This Writ Petition is disposed off as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ts To 1.The Revenue Divisional Officer, Revenue Division Office, Ponneri, Tiruvallur District. 2.The Special Tahsildar (Land Acquisition) TPP Road Scheme, Ponneri Taluk Office, Ponneri. https://hcservices.ecourts.gov.in/hcservices/ 3.The Project Director, National Highways Authority of India, 8th Floor, Annexe Building, Spic House, 88, Mount Road, Guindy, Chennai-600 032. +1cc to Govt. Pleader Sr 17186 +1cc to M/s.P.Wilson, Associates SR 17117 PA(CO) km/17.3. W.P.No.5077 of 2010 https://hcservices.ecourts.gov.in/hcservices/