Land acquisition by railway
MUKUL SHARMA
(Querist) 28 June 2013
This query is : Resolved
Is there any remedy for a khatedar whose land is acquired by railway on very low compensation?
Advocate M.Bhadra
(Expert) 28 June 2013
Yes,you can seek relief by filing a Writ Petition in High Court.
Madras High Court
A.Nagarajan vs The Secretary To Government on 21 December, 2012
DATED: 21.12.2012
CORAM :
THE HONOURABLE MR. JUSTICE V.DHANAPALAN
W.P.No.3880 of 2012
1. A.Nagarajan
2. A.Ganesan
3. K.S.Ponnuswamy
4. S.Chinnappayan
5. A.Srinivasan .. Petitioners
s.
1. The Secretary to Government,
Housing and Urban Development Department,
Fort St. George,
Chennai 600 009.
2. The Special Tahsildar (Land Acquisition),
Neighbourhood Scheme,
Salem 600 008.
3. The District Revenue Officer,
Office of the Collectorate,
Salem, Salem District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records relating to the award in ROC No.929/98 in Award No.1/2003-2004 dated 30.04.2003 and notification u/s.4(1) of the Act in G.O.Ms.No.147, Housing and Urban Development Department, dated 29.03.2000 and declaration u/s.6 of the Act in G.O.Ms.No.272, Housing and Urban Development Department, dated 16.05.2001 and quash the same in respect of petitioners' land measuring an extent of 0.98.5 Hec. comprised in Survey No.68/3B situated at No.64, Kottagoundamapatti Village, Omalur Taluk, Salem District.
On analysing the legal principles and the rulings of the Supreme Court and also the records, the award passed by the 2nd respondent is not in accordance with law. Therefore, the challenge to that extent of the impugned award alone is interfered with. Accordingly, the award passed by the 2nd respondent in Award No.1/2003-2004, dated 30.04.2003 is quashed and the matter is remanded back to the authorities concerned to follow the procedures contemplated under the Act in passing the Award, if the land in question covering the said Award is required for public purpose.
The Writ Petition is allowed to the extent indicated above. No costs.
abe/dixit
Rajendra K Goyal
(Expert) 29 June 2013
Agree with the expert Advocate M. Bhadara ji, nothing more to add.
Raj Kumar Makkad
(Expert) 29 June 2013
The Khatedar is required to file a petition before District Judge for the enhancement of the compensation but before that the payment of compensation offered by railways shall have to be accepted under protest.
