1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.11.2011 CORAM THE HONOURABLE MR. JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.12520 of 2011 P.Subathra Devi ..Petitioner Vs. 1.State of Tamil Nadu, Rep. By the Commissioner and Secretary to the Government, Housing and Urban Development Department, St.George Fort, Chennai-9. 2.The Madurai District Collector, (Land Acquisition) Madurai Collectorate Campus, Madurai District. 3.The Special Tahsildar, Land Acquisition, Madurai South, Thoppur Village Scheme, Madurai Collectorate Campus, Madurai District. 4.The Managing Directorate, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai. 5.The Executive Engineer, Tamil Nadu Housing Board, Ellis Nagar, Madurai-6. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus, directing the respondents to pay compensation as per today's market value for petitioner's land admeasuring 6 cents, comprised in Survey No.62/1 AAAQ in Thoppur Village, Madurai South Circle, Madurai and to reconvey the above said land to the petitioner in case the respondents are not able to pay the compensation as per today's market value together with interest within the time limit. For Petitioner :Mr.Y.Krishnan For Respondents :Mr.B.Pugalendhi Spl. Govt. Pleader O R D E R The petitioner has come up with the above writ petition seeking a writ of mandamus to direct the respondent to pay compensation as per today's market value in respect of a land which was acquired from the petitioner about 26 years ago. https://hcservices.ecourts.gov.in/hcservices/ 2 2.Heard Mr.Y.Krishnan, learned counsel appearing for the petitioner. Mr.B.Pugalendhi learned Special Government Pleader takes notice for the respondents. 3.The petitioner claims to be the owner of the land of an extent of about 6 cents in Survey No.62/1 AAAQ, Thoppur Village, Madurai South Taluk. The said land was acquired by the Government of Tamilnadu for the purpose of neighbourhood scheme, by issuing a notification under Section 4(1) of the Act issued on 04.08.1985. The enquiry under Section 5A was conducted in January and February 1986. Thereafter, the declaration under Section 6 of the Act was published in the Tamilnadu Government Gazette on 11.10.1986. The draft direction under Section 7 of the Act was published in the Gazette on 10.12.1986. 4.Thereafter, an award enquiry was conducted and an award was passed in Award No.9/88 on 14.10.1988. Today a period of 23 years have passed from the date of the award. 5.At this distance of time, the petitioner has come up with the above writ petition seeking compensation at today's market value, on two grounds viz., (1)that the petitioner did not receive any notice for the award enquiry and (2) that in terms of Section 31 of the Act, the compensation amount was not deposited in Court. 6.Even if both the above contentions are accepted, the petitioner is not entitled to the market value of the land as on date. The Lad Acquisition Act 1894 makes acquired under the Act, shall be determined with reference to the date of notification under Section 4(1) of the Act. In order to compensate for the time that all the acquisition proceedings take, the Act provides for payment of interest as well as solatium at 30%. Therefore, there cannot be a mandamus directing the respondents to violate the provisions of the statute and grant compensation at today's value. 7.Moreover, the petitioner is guilty of delay and laches. He has come up after 25 years of the notification under Section 4(1) of the Act and 23 years of the passing of the award. 8.In any case, the petitioner ought to have requested the collector to refer the dispute with regard to the quantum of compensation under Section 18 itself. Having omitted to seek such a relief, the petitioner cannot come up with the writ petition at this distance of time. Therefore, no merits in this writ petition and hence, this petition is dismissed. NS Sd/- Assistant Registrar[Crl side] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Commissioner and Secretary to the Government, Housing and Urban Development Department, St.George Fort, Chennai-9. 2.The Madurai District Collector,(Land Acquisition) Madurai Collectorate Campus, Madurai District. 3.The Special Tahsildar, Land Acquisition, Madurai South, Thoppur Village Scheme, Madurai Collectorate Campus, Madurai District. 4.The Managing Directorate, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai. 5.The Executive Engineer, Tamil Nadu Housing Board, Ellis Nagar, Madurai-6. +1cc to Special Government Pleader, SR.No.38090. W.P.(MD).No.12520 of 2011 Dated:03.11.2011 3P/7C RPB : 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/