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2013 DIGILAW 955 (MAD)

S. Chinnasamy v. District Magistrate & District Collector, Coimbatore

2013-02-14

VINOD K.SHARMA

body2013
Judgment :- 1. The petitioner prays for issuance of a Writ in the nature of Certiorari to quash the proceeding arising out of R.C.No.18614/07/C3, dated 27.11.2007 with a consequential relief of issuance of a writ in the nature of Prohibition restraining the respondent from laying the DC line through the lands of the petitioner situated in Survey No.190, in Jallipatti Village, Palladam Taluk, Coimbatore District. 2. The petitioner is the owner of the land measuring 4.50 acres falling in Survey No.190, in Jallipatti Village, Palladam Taluk, Coimbatore District. The petitioner has grown coconut trees on the land. 3. The petitioner submits that the land has both agricultural as well as commercial potential. A decision was taken by the respondent to lay DC line for the construction of 400 KV between Udumalpet to Arachur. That though the power lines could be taken through the available government lands, an attempt was made by the second respondent to take the lines through the lands of the petitioner and thereby causing damage to the crops and trees and also, to reduce the potential value of his lands. 4. The petitioner filed objection to the proposal. However, on failure of the second respondent to consider the objections, the petitioner filed W.P.No.25868 of 2007 to consider the objection. 5. The writ petition was disposed of on 2.8.2007 by directing the 1st respondent to fix the compensation payable to the petitioner. 6. The operative portion of the order passed by this court reads as under: “4. Following the same, this writ petition is disposed of directing the fourth respondent to fix the compensation payable to the petitioner herein, in accordance with law by causing notice to the petitioner herein as regards the compensation payable and after affording a reasonable opportunity to the petitioner and pass orders on the claim of the petitioner in respect of the compensation, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.” 7. As regards request for compensation for loss of rent of the land due to the reduction of land value on account of the proposed tower/power line, the District Magistrate has pointed out that there is no provision in law to pay rent or compensation in the absence of acquisition of land, whereas in this case, there is no acquisition of land. 8. 8. Whereas with regards compensation for damage to trees and crops, the District Magistrate has stated that the compensation is to be got assessed from Joint Director of Agriculture and thereafter the payment is to be made within a period of four weeks from the date of cutting of trees/crops. Though there was no justification with Collector to hold that there is no provision for payment of compensation in absence of acquisition and referring the matter to Joint Director, but at the same time this order does not call for any interference by this Court as the application for compensation itself was not competent before the District Magistrate/District Collector. According to Sec.16(3) of Indian Telegraph Act, 1885, it is for the parties to approach the District Judge for determination and payment of compensation. 9. Consequently, the writ petition is disposed of by permitting the petitioner to claim compensation by moving appropriate application under Sec.16(3) of Indian Telegraph Act, 1885, before the District Judge, Coimbatore.