Nelson Fernandes & Ors. v. Special Land Acquisition Officer, South Goa wherein the Hon & Ors.
Case at a glance
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 55. The learned Single Judge relied upon a judgment of the Hon?ble Supreme Court reported in 2007 (9) SCC 447 ~ Nelson Fernandes and Others Vs. Special Land Acquisition Officer, South Goa and Others wherein the Hon-ble Supreme Court had observed as follows:~“30. We are…
Judgment
Writ Petition No.12954 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED 22.04.2025CORAMTHE HONOURABLE MR. JUSTICE N. ANAND VENKATESHWrit Petition No.12954 of 20251.V.Karunakaran S/o.P.S.Venkatesan2.G.Manikandan S/o.Govindasamy3.M.Karthikeyan S/o.M.Marimuthu4.Parvathi D/o.Duraisamy...PetitionersVs.
The District Collector, Chengalpet District, Chengalpet.
The Special District Revenue Officer (LA), Chennai Airport Expansion Scheme, Sriperumbudur @ Alandur, Alandur Taluk Office, Alandur, Chennai.
The Special Tahsildar (LA) Chennai Airport Expansion Scheme, Sriperumbudur. ... Respondents1/6 https://www.mhc.tn.gov.in/judis Writ Petition No.12954 of 2025 Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representations dated 08.07.2021, 07.10.2021, 08.10.2021 and 18.04.2022 to refund 33.33% development charges deducted from the award amount within a stipulated time fixed by this Court. For Petitioners: Mr.J.RajmohanFor Respondents : Mr.A.Selvendran Special Government Pleader*****
O R D E R This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to pass orders on merits and in accordance with law on the petitioners' representation dated 08.07.2021, 07.10.2021, 08.10.2021 and 18.04.2022 regarding refund of 33.33% of the award amount deducted towards development charges.2. Heard Mr.J.Rajmohan, learned counsel for the petitioners and Mr.A.Selvendran, learned Special Government Pleader for respondents.3. The property belonging to the petitioners was acquired for 2/6 https://www.mhc.tn.gov.in/judis Writ Petition No.12954 of 2025 Chennai Airport Expansion. An award was passed on 15.12.2020 fixing the land value as Rs.5,454.40 sq.mts. The grievance of the petitioners is that 33.33% was retained towards development charges.
The above issue is squarely covered by the earlier order passed by this Court in W.P.No.35735 etc., of 2024 dated 25.11.2024. The relevant portions are extracted hereunder :-"4. The deduction of 1/3rd towards development charges that too in the case of Railway work has been the subject matter of several decisions of this Court. A learned Single Judge of this Court in his order dated 07.12.2023, in W.P.(MD) Nos.19772 & 14369 of 2021 was considering the very same deduction towards development charges.
The learned Single Judge relied upon a judgment of the Hon?ble Supreme Court reported in 2007 (9) SCC 447 ~ Nelson Fernandes and Others Vs. Special Land Acquisition Officer, South Goa and Others wherein the Hon-ble Supreme Court had observed as follows:~“30. We are not, however, oblivious of the fact that normally 1/3 deduction of further amount of compensation has been directed in some cases. However, the purpose for which the land acquired must also be taken into consideration. In the instant case, the land was acquired for the construction of new BG line for the Konkan Railways. This Court in Hasanali Khanbhai & Sons & Ors. Vs. State of Gujarat, 1995 2 SCC 422 and L.A.O. vs. Nookala Rajamallu, 2003 (10) Scale 307 had noticed that where lands are acquired for specific purposes deduction by way of development charges is permissible. In the instant case, acquisition is for laying a railway line.
Therefore, the question of development thereof would not arise. Therefore, the order passed by the High Court is liable 3/6 https://www.mhc.tn.gov.in/judis Writ Petition No.12954 of 2025to be set aside and in view of the availability of basic civic amenities such as school, bank, police station, water supply, electricity, high way, transport, post, petrol pump, industry, telecommunication and other businesses, the claim of compensation should reasonably be fixed @ Rs.250/ per sq. mtr. with the deduction of 20%. The appellant shall be entitled to all other statutory benefits such as solatium, interest etc. etc. The appellants also will be entitled to compensation for the trees standing on the said land in a sum of Rs. 59,192 as fixed. I.A. No. 1 of 2006 for substitution is ordered as prayed for. “6. This Judgment has been followed in a later judgment of the Hon-ble Supreme Court in the case of C.R.Nagaraja Shetty Vs.
Special Land Acquisition Officer and Estate Officer and another in Civil Appeal No.1173 of 2009 dated 24.02.2009. 7. Ultimately, the learned Single Judge had observed as follows: “ It is clear from the above judgment that where the lands are acquired for laying a railway line, there is no scope for deducting 1/3rd amount towards development charges. “8. In the light of the above, the Writ Petitions are allowed, the order deducting 1/3rd towards development charges is set aside and the amounts deducted towards 1/3rd development charges along with all the other compensatory benefits arrived at in the award shall be paid to the petitioners as expeditiously as possible. However, not later than a period of 4 months from the date of receipt of a copy of this Order. The learned counsel for the petitioners also informed the Court that they are moving necessary applications for enhancing the award. No costs.
Consequently, the connected Miscellaneous Petitions are closed. "5. The petitioners will also be entitled for the very same relief since such relief has been granted by this Court for others falling under the same circumstances and for whom, 1/3rd was deducted towards development charges. In the result, this writ petition is allowed. The amount that has been 4/6 https://www.mhc.tn.gov.in/judis Writ Petition No.12954 of 2025deducted along with all the other compensatory benefits arrived at in the award shall be paid to the petitioners within a period of four (4) months from the date of receipt of a copy of this order. This direction is issued without prejudice to the rights of the petitioners to seek for enhancement of the award. No costs. 22.04.2025Neutral citation : Yes/No Index: Yes/NoSpeaking Order / Non Speaking OrdergmTo1.The District Collector, Chengalpet District, Chengalpet. 2. The Special District Revenue Officer (LA), Chennai Airport Expansion Scheme, Sriperumbudur @ Alandur, Alandur Taluk Office, Alandur, Chennai. 3. The Special Tahsildar (LA) Chennai Airport Expansion Scheme, Sriperumbudur.N. ANAND VENKATESH, J.5/6 https://www.mhc.tn.gov.in/judis Writ Petition No.12954 of 2025gmWrit Petition No.12954 of 202522.04.2025(2/2)6/6
Precedent status how later indexed judgments have treated this case
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