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2011 DIGILAW 388 (MAD)

V. Saravanan v. Union of India Rep. by its Secretary Ministry of Home, Transport and Highways New Delhi

2011-01-25

VINOD K.SHARMA

body2011
Judgment :- 1. 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. 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. 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.