Madras High Court
N.K.Santhakumari Alias Santha … vs National Highways Authority Of India on 16 July, 2025
W.P(MD)Nos.1507 of 2022 and 12485 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.07.2025
CORAM :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.(MD)Nos.1507 of 2022 and 12485 of 2024
and
W.M.P.(MD)No.11126 of 2024
W.P.(MD)No.1507 of 2022
N.K.Santhakumari alias Santha Solarajan ...Petitioner
Vs.
1.National Highways Authority of India,
Ministry of Road Transport and Highways,
G5&6, Sector 10, Dwarka,
New Delhi – 110 075.
2.The Special District Revenue Officer
(Land Acquisition),
Competent Authority Land Acquisition
under NH Act,
National Highways 49,
Collector Office Complex,
Ramanathapuram – 623 503.
3.The Project Director,
National Highways Authority of India,
Project Implementation Unit,
No.1, 2nd Floor, Subramaniapuram 3rd Street,
Karaikudi, Sivagangai District. ... Respondents
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Certiorarified Mandamus, calling
for the records of the second respondent relating to the award dated
25.11.2021 in Na.Ka.N.H.49/Unit-IV/S2/198/2013/1124/2021 and quash
the same and consequently direct the second respondent to pass a fresh
award as per the First Schedule to the Right to Fair and Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013, by taking into consideration the date of publication in the
newspapers i.e. 01.06.2012 as the crucial date for the purpose of
determination of market value in respect of the petitioner's lands in S.No.
7/1B2, Nelmudikarai Village, Thirupuvanam Range, Sivaganga District
and award additional compensation to the petitioner u/s. 30(3) of the
2013 Act for the period from 29.03.2012 upto 15.04.2015 (date of taking
possession) and award interest on the said compensation to be
determined.
For Petitioner : M/s.AL.Gandhimathi, Senior Counsel
for Mr.C.Mahadevan
For Respondents : Mr.S.Sivakumar
Central Government Standing Counsel for R1
Mrs.S.Jeya Priya
Government Advocate for R2
Mr.C.Arul Vadivel @ Sekar
Standing Counsel for R3
W.P.(MD)No.12485 of 2024
1.S.Rudhra Devi
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
2.S.Jayalakshmi ...Petitioners
Vs.
1.National Highways Authority of India,
Ministry of Road Transport and Highways,
G5&6, Sector 10, Dwarka,
New Delhi – 110 075.
2.The District Revenue Officer (Land Acquisition),
Competent Authority Land Acquisition
under NH Act,
National Highways – 209 (Oddanchatram Bypass),
Collector Officer Complex,
Dindigul – 624 004.
3.The Deputy General Manager (T) and Project Director,
National Highways Authority of India,
Project Implementation Unit,
No.1, Aishwarya Heights,
Indira Nagar, Sennamanaickenpatti,
Thadikombu Road,
Dindigul-624004.
4.The Divisional Engineer,
National Highways Division,
19A, Jawahar Street,
Madurai-625 020. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying for issuance of Writ of Certiorarified Mandamus, calling
for the records of the second respondent relating to the Award No.
01/2013/Oddanchatram – (Re-determination of Compensation) dated
05.02.2024 bearing ROC No.21754/2021/E1 and quash the same and
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
consequently direct the second respondent to pass a fresh Award as per
the First Schedule to the Right to Fair and Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013, by taking into consideration the date of publication in the
newspapers i.e. 05.04.2012 as the crucial date for the purpose of
determination of market value u/s 26(1), Solatium u/s 30(1) and
Additional Amount u/s 30(3) and also award interest to the petitioners on
the excess compensation in terms of Section 72 of the 2013 Act, in
respect of the petitioners land in S.No.418/1B1, Oddanchatram –
Dharapuram State Highways at Oddanchatram Revenue Village.
For Petitioners : M/s.AL.Gandhimathi, Senior Counsel
for Mr.C.Mahadevan
For Respondents : Mr.P.Karthick for R1 & R3
No representation for R2 & R4
COMMON ORDER
These Writ Petitions are filed challenging the award passed by the
second respondent / competent authority under the National Highways
Act fixing the quantum of compensation in respect of the petitioners’
land acquired for extension of National Highway.
2. It is seen from the affidavit filed in support of the writ petitions
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
that properties owned by the petitioners have been acquired for extension
of National Highway. 3A notice under the National Highways Act has
been published on 29.03.2012 and 15.02.2012 respectively.
Subsequently, paper publication was made in The New Indian Express
and Dhina Thanthi on 01.06.2012 in respect of the subject property in
W.P.(MD)No.1507 of 2022. In respect of other writ petition in W.P.
(MD)No.12485 of 2024, paper publication was made in the New Indian
Express and Dhina Mani on 05.04.2012. Subsequently, notification under
Section 3D(1) was published in official Gazette on 02.01.2013 and
31.08.2012 respectively. Publication through newspapers was made on
23.02.2013 and 01.06.2013 respectively. The competent authority fixed
the quantum of compensation payable to the petitioners by passing an
award on 13.08.2014 and 30.12.2013 respectively. Not satisfied with the
quantum of compensation fixed by the competent authority, these writ
petitions are filed.
3. The learned Senior Counsel appearing for the petitioners would
submit that the competent authority has taken the date of publication of
preliminary notification in official Gazette as the base date for the
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
purpose of determining the compensation overlooking the circular issued
by the Commissioner of Land Administration. According to the learned
Senior Counsel appearing for the petitioners, the relevant date for fixing
the compensation shall be the date of final notification under Section 3A
of the National Highways Act. In the case on hand, notification in
newspapers was published only on 01.06.2012 and 05.04.2012
respectively. Therefore, the impugned award passed by the competent
authority shall be set aside with a direction to take the date of paper
publication as the base date for the purpose of fixation of compensation.
4. The learned Senior Counsel appearing for the petitioners would
further submit that in respect of the very same project, the competent
authority has taken the date of publication of notification in newspapers
as the base date for the purpose of determining the compensation in his
proceedings Na.Ka./N.H.49/Unit V/197/2013 dated 31.08.2017.
Therefore, according to the learned Senior Counsel appearing for the
petitioners, the petitioners are also entitled to be treated alike.
5. The learned counsel appearing for the third respondent in W.P.
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
(MD)No.1507 of 2022 would submit that if the petitioners are not
satisfied with the quantum of compensation, it is for them to avail
alternative remedy of arbitration available under Section 3G(5) of the
National Highways Act and therefore, the writ petitions filed by the
petitioners are not at all maintainable.
6. In the case on hand, only dispute arising for consideration is
what is the base date for the purpose of determining the quantum of
compensation. Section 3A of the National Highways Act prescribes
various modes of preliminary notification. If all the notification by
different modes are made on the very same day, there may not be any
difficulty in fixing the date. However, in the case on hand, publication in
Government Gazette was made on one date and publication in
newspapers was made on different date. In order to clear the doubt, the
Commissioner of Land Administration issued a circular in his
proceedings M2/7304/2018 dated 16.10.2020. Clause 4(a) of the above
said circular reads as follows:-
“(a) In respect of Section 26 (1) (a) of RFCTLARR
Act, 2013, the Guideline value for the land under
acquisition has to be gathered as on the last date of7/12
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024publication of Preliminary Notification u/s. 11 of
RFCTLARR Act, 2013 from the concerned Sub-Register’s
office.”
7. A reading of the above circular issued by the Commissioner of
Land Administration would make it clear that guideline value for the
purpose of fixing the quantum of compensation shall be with reference to
the last date of publication of preliminary notification. In the case on
hand, last date of preliminary notification is the date on which
notification was published in daily newspapers. As far as W.P.(MD)No.
12485 of 2024 is concerned, notification in daily newspapers was
published on 05.04.2012. As far as W.P.(MD)No.1507 of 2022 is
concerned, notification in daily newspapers was published on
01.06.2012. Therefore, as per the circular issued by the Commissioner of
Land Administration dated 16.10.2020, the competent authority should
have taken the date of publication of notification in the daily newspapers
as the base date for the purpose of fixing the quantum of compensation.
However, the second respondent, in the case on hand, had taken date of
publication of notification in the Government Gazette as the base date,
which is against the circular issued by the Commissioner of Land
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
Administration. It is also seen from the typed-set of papers filed in W.P.
(MD)No.1507 of 2022 that in respect of the very same project, the
competent authority has taken the date of publication of notification in
the daily newspapers as the base date for determining the quantum of
compensation. The competent authority cannot taken two yardstick to
determine the compensation. Being a subordinate authority the second
respondent is expected to follow the clarification issued by the
Commissioner of Land Administration while passing the award.
Therefore, there is no disputed question of facts involved in this matter to
relegate the petitioners to avail alternative remedy of arbitration under
Section 3G(5) of the National Highways Act. Accordingly, the impugned
awards passed by the second respondent taking the base date as
29.03.2012 and 15.02.2012 respectively are set aside. The matters are
remitted back to the file of the second respondent with a direction to take
the base date for the purpose of fixing the compensation as 01.06.2012
and 05.04.2012 respectively. The second respondent is directed to pass
fresh award within a period of four months from the date of receipt of a
copy of this order.
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W.P(MD)Nos.1507 of 2022 and 12485 of 2024
8. With the above direction, these Writ Petitions stand allowed.
Consequently, connected Miscellaneous Petition is closed. No costs.
16.07.2025
NCC :Yes/No
Index :Yes/No
Internet : Yes/ No
csm
To
1.National Highways Authority of India,
Ministry of Road Transport and Highways,
G5&6, Sector 10, Dwarka,
New Delhi – 110 075.
2.The District Revenue Officer (Land Acquisition),
Competent Authority Land Acquisition
under NH Act,
National Highways – 209 (Oddanchatram Bypass),
Collector Officer Complex,
Dindigul – 624 004.
3.The Deputy General Manager (T) and Project Director,
National Highways Authority of India,
Project Implementation Unit,
No.1, Aishwarya Heights,
Indira Nagar, Sennamanaickenpatti,
Thadikombu Road,
Dindigul-624004.
4.The Divisional Engineer,
National Highways Division,
19A, Jawahar Street,
Madurai-625 020.
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S.SOUNTHAR, J.
csm
Common Order made in
W.P.(MD)Nos.1507 of 2022 and 12485 of 2024
and
W.M.P.(MD)No.11126 of 2024
Dated : 16.07.2025
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