• Tamil Highways Act 2001

Section 105A (1) of  Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in its application to the State of Tamil Nadu states that the law is not applicable to Acts mentioned in Schedule V namely,

1. The Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978).
2. The Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997
(Tamil Nadu Act 10 of 1999).
3. The Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002).”
S Chandrasekar, 9444389195 ,sekharganesh@hotmail.com

Subsection (2)  of Section 105A is as under:
(2) The State Government shall, by notification, within one year from the date of commencement of this Act, direct that any of the provisions of this Act, relating to the determination of compensation in accordance with the First Schedule and rehabilitation and resettlement specified in the Second and Third Schedules, being beneficial to the affected
families, shall apply to the cases of land acquisition under the enactments specified in the Fifth Schedule or shall apply with such exceptions or modifications that do not reduce the compensation or dilute the provisions of this Act relating to compensation or rehabilitation and resettlement as may be specified in the notification, as the case may be.

My question is as below:

1.No notification is made by the state Government till date as per section 105A(2).
   In such a situation, how the compensation under Tamilnadu Highways Act,2001 is to be determined.
2.Whether Land Acquisition Act,1874 is still applicable to references made under Section 20 of Tamilnadu Highways Act,2001.
S CHANDRASEKAR
sekharganesh@hotmail.com
Asked 11 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
latest Government Order issued in G.O.(Ms.)No.59 dated 29.05.2014, wherein it is stated as follows:

''7. The Director General, Highways Department has therefore requested instruction of the Government for proceeding further with Land Acquisition process as per Tamil Nadu Highways Act, 2001 without any hindrance where,

a) Process initiated under the Tamil Nadu Highways Act, 2001, where notification under Section 15(2) has been made, should be allowed to continue and declaration under Section 15(1) of the Tamil Nadu Highways Act, 2001, if not made should be issued. However, the interim compensation should be determined based on the procedures already in vogue subject to additional compensation being paid as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

b) Process initiated under the Tamil Nadu Highways Act, 2001, where the declaration under Section 15(1) of the Tamil Nadu Highways Act, 2001 has been made, should be allowed to continue and the interim compensation should be determined as specified above.

8. The Government after taking into consideration of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) Act, 2013 (Central Act 30 of 2013) have decided as follows:

''In as much as Section 105-A proposed to be inserted to the Central Act 30 of 2013 by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Bill, 2014 has been given retrospective effect from 1.1.2014, and pending issue of notification under Section 105-A(2) of the said Central Act 30 of 2013, interim compensation for all cases where acquisition of land is taken up under the Tamil Nadu Highways Act, 2001 should be determined based on the procedure already in vogue subject to additional compensation being paid as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013'
Ajay Sethi
Advocate, Mumbai
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If you have applied for compensations and your application has not been entertained by the authorities, you can file a writ petition before the high court without waiting for the notification by the government in this regard. 
A settled law by Madras high court in this regard is given below for your information:
S.Thilagavathy vs The State Of Tamil Nadu on 7 August, 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2014

C O R A M

THE HONOURABLE Mr.JUSTICE B.RAJENDRAN

Writ Petition No.9332 of 2014

1. S.Thilagavathy
2. A.Santhi							...	Petitioners
 
-vs.-
1.	The State of Tamil Nadu
	rep.by its Secretary
	State Highways Department
	Fort St.George, Chennai-9.

2.	The Divisional Engineer
	Highways Department
	CMPD Division-II
	No.1, Varasidhi Vinayagar Koil Street
	Saidapet, Chennai 600 015.

3.	The Superintending Engineer
	Highways Department
	Chennai Division 
	Chennai Circle, Chennai 600 006.

4.	The Divisional Engineer
	Highways Department
	Thiruvallur Division, Thiruvallur.

5.	The Special Tahsildar
	(Land Acquisition) Scheme-III
	No.15, MGR Nagar Main Road
	Near Vigneshwara Theatre
	Poonamallee, Chennai 600 054.		...	Respondents

	Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the  respondents to pass award for payment of compensation to the petitioners at the existing market value with interest for the lands acquired in S.No.78/2 situated in Line Grand Village, Ambattur Taluk, Thiruvallur District.

		For petitioner 	...	Mr.Y.Jyothish Chander
		For respondent	...	Mr.V.Shanmugha Sundar
						Government Advocate

ORDER
The prayer in the writ petition is for the issuance of a writ of mandamus to direct the respondents to pass award for payment of compensation to the petitioners at the existing market value with interest for the lands acquired in S.No.78/2 situated in Line Grand Village, Ambattur Taluk, Thiruvallur District.

2. The case of the petitioners is that their lands have been acquired wayback in the year 2010 by the Highways Department for the purpose of extension of road. According to the petitioners, initially the second respondent vide his letter dated 26.10.2010 stated that the survey Number pertaining the petitioners were not included in the acquisition. Subsequently, after verification it was again stated by the second respondent that 220.22 sq.mts. of land have been acquired from the petitioners for widening of road and the files have been forwarded to the fifth respondent for further proceedings. The petitioners have also submitted their objections as called for by the fifth respondent. It is the further case of the petitioners that since the compensation was not awarded to the petitioners, they have filed writ petition before this Court seeking a mandamus for payment of compensation for the land acquired and this Court vide order dated 19.07.2010 disposed of the said writ petition, directing the petitioners to approach the fifth respondent. However, till date no compensation has been awarded. Hence, the petitioners have come forward with the present writ petition.

3. Learned counsel appearing for the petitioners by referring to G.O.Ms.No.59, Highways and Minor Ports (HF1) Department dated 29.05.2014 would submit that the Government had clearly stated that a fair compensation has to be fixed and the same should be awarded at the earliest. However, till date, inspite of the representation being made by the petitioners to the respondents, no action has been taken. Accordingly, he would submit that a direction may be given to the respondents for awarding the compensation to the petitioners at the earliest.

4. Learned Government Advocate appearing on behalf of the respondents by relying upon the counter affidavit filed would submit that steps are being taken to pay the compensation to the petitioners at the earliest.

5. Heard both sides. By consent of the learned counsel on either side, the main writ petition itself is taken up for final disposal.

6. (a) It is an unfortunate case, wherein the respondents after acquiring the lands of the petitioners as early as in the year 2010 have neither paid the compensation nor passed any orders. In fact the petitioners rely upon the latest Government Order issued in G.O.(Ms.)No.59 dated 29.05.2014, wherein it is stated as follows:

''7. The Director General, Highways Department has therefore requested instruction of the Government for proceeding further with Land Acquisition process as per Tamil Nadu Highways Act, 2001 without any hindrance where,

a) Process initiated under the Tamil Nadu Highways Act, 2001, where notification under Section 15(2) has been made, should be allowed to continue and declaration under Section 15(1) of the Tamil Nadu Highways Act, 2001, if not made should be issued. However, the interim compensation should be determined based on the procedures already in vogue subject to additional compensation being paid as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

b) Process initiated under the Tamil Nadu Highways Act, 2001, where the declaration under Section 15(1) of the Tamil Nadu Highways Act, 2001 has been made, should be allowed to continue and the interim compensation should be determined as specified above.

8. The Government after taking into consideration of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR) Act, 2013 (Central Act 30 of 2013) have decided as follows:

''In as much as Section 105-A proposed to be inserted to the Central Act 30 of 2013 by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Bill, 2014 has been given retrospective effect from 1.1.2014, and pending issue of notification under Section 105-A(2) of the said Central Act 30 of 2013, interim compensation for all cases where acquisition of land is taken up under the Tamil Nadu Highways Act, 2001 should be determined based on the procedure already in vogue subject to additional compensation being paid as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013''.

(b) Further, the petitioners would also rely upon the letter issued by the fifth respondent addressed to the Government Pleader, High Court, Madras in RC.1519/2010/A1 dated 23.06.2014, wherein it is stated as follows:

''I request you to enter appearance in this case on behalf of the respondents and appraise that the G.O.No.59 in the reference 2nd cited, which assures the higher compensation in accordance with new Act after following existing Tamil Nadu Highways Act, 2001. The valuatin of this old Act will be treated as interim compensation.

The petitioners are called for valuation enquiry [19(2) Notice] on 04.07.2014 vide reference 3rd cited. Hence, I request you to appraise the above matters before the Hon'ble High Court and close the writ petition.''

(c) The respondents also in their counter affidavit in para Nos.9 and 10 has stated thus:

''9. It is submitted that for the early payment of compensation to the petitioner, notice under Section 19(2) and 19(3) of Tamil Nadu Highways Act, 2001 was issued by the Special Deputy Collector vide Ref.No.Na.Ka.16256/2012/F1/19.06.2014. 19(2) enquiry was conducted on 04.07.2014. The petitioner attended the meeting and had not accepted the award amount.

10. It is submitted that error committed by over sight to include the survey No.78/2 in original land plan schedule is now corrected and enquiry conducted to fix the compensation value for the petitioner by the Special Deputy Collector (LA) on 04.07.2014 and steps are taken to pay compensation to the petitioner at the earliest.''

7. Considering the above said facts and circumstances of the case and also taking into account the fact that the petitioners have also attended the enquiry as admitted by the respondents themselves in their counter affidavit, the authority concerned is directed to pass appropriate orders within a period of two months from today as per G.O.Ms.No. 59 dated 29.05.2014 cited above.

8. Accordingly, this writ petition is allowed. No costs.



latest Government Order issued in G.O.(Ms.)No.59 dated 29.05.2014, wherein it is stated as follows:

''7. The Director General, Highways Department has therefore requested instruction of the Government for proceeding further with Land Acquisition process as per Tamil Nadu Highways Act, 2001 without any hindrance where,

a) Process initiated under the Tamil Nadu Highways Act, 2001, where notification under Section 15(2) has been made, should be allowed to continue and declaration under Section 15(1) of the Tamil Nadu Highways Act, 2001, if not made should be issued. However, the interim compensation should be determined based on the procedures already in vogue subject to additional compensation being paid as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

b) Process initiated under the Tamil Nadu Highways Act, 2001, where the declaration under Section 15(1) of the Tamil Nadu Highways Act, 2001 has been made, should be allowed to continue and the interim compensation should be determined as specified above.
T Kalaiselvan
Advocate, Vellore
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Since the notification has not been made the procedure to award compensation would be governed by the Land Acquisition Act, 1874. 
Ashish Davessar
Advocate, Jaipur
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However no notification issued but stil you. Have constitutional right to get faircompensation. File a writ under article 226 for fair compensation. D. S. Nirman vs Union of India, supreme court recognised right tot get fair compensation. Contact a lawyer and file writ before high court.
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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