High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :17.09.2025CoramThe Honourable Mr.Justice Krishnan RamasamyW.P.No.14996 of 2025 andW.M.P.Nos.16889, 16892 & 16896 of 20251. MAHRUKH DASTUR 2 ARDESHIR RUSTOM DASTUR 3 MANEKSHAW RUSTOM DASTUR ..PetitionersVs.1 THE REVENUE DIVISIONAL OFFICERAND LAND ACQUISITION OFFICER EGMORE REVENEU DIVISIONCHENNAI 600 0312 The DISTRICT REVENUE OFFICERCHENNAI METRO RAIL LIMITED (CMRL) CMRL DEPOT POONAMALLEE HIGH ROADKOYAMBEDU, CHENNAI 600 107.3 SPEICAL DISTRICT REVENUE OFFICERLAND ACQUISITION CHENNAI METRO RAIL LIMITED (CMRL) NANDANAM CHENNAI 600 0354 SPECIAL TAHSILDAR LAND ACQUISITION CHENNAI METRO RAIL LIMITED (CMRL) NANDANAM CHENNAI 600 0355 CHENNAI METRO RAIL LIMITED (CMRL) REPRESENTED BY ITS DEPUTY COLLECTOR THIRU GOPALASAMY,HAVING OFFICE AT NO 327 ANNA SALAI, NANDANAM, CHENNAI 600 035.6 CHENNAI METRO RAIL LIMITED (CMRL)REPRESNETED BY ITS GENERAL MANAGER (UG~C)MR M. RAVICHANDRAN, HAVING OFFICE AT CHENNAI METRO RAIL LIMITED (CMRL) ANNA SALAI NANDANAM CHENNAI 600 035.7 SUB COLLECTOR https://www.mhc.tn.gov.in/judis CHENNAI METRO RAIL LIMITED (CMRL) NANDANAM CHENNAI 600 035. ...Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the entire records pertaining to the Award dated 30.11.2021, bearing Ref No C3/001/2021 passed by the 3rd respondent and other related subsequent documents pertaining to the petitioners- property bearing No 310, Valluvar Kottam high road, Nungmabakkam, Chennai, 34 comprised in T.S.No 533/9 of Nungambakkam village, Egmore Taluk, Chennai District of an extent of 121 sq.mt of land and to quash the same and consequently direct the respondents to issue fresh notice to acquire 28 sq.mt in the petitioners- patta land and proceed with the same in accordance with law qua the petitioners representation dated 04.09.2024.For Petitioners : Mr.P.R.Raman for Mr.Anupam RaghuramanFor Respondent~1 : Mr. P.Sathish Kumar Additional Government PleaderFor Respondents 2~7 : Mr.B.Vijay Standing Counsel ORDERHeard Mr.P.R.Raman, learned counsel appearing for the petitioner, Mr. P.Sathish Kumar, learned Additional Government Pleader for the respondent No.1 and Mr.B.Vijay, learned Standing Counsel for respondents 2 to 7. 2. When the matter is taken today, the learned counsel appearing for the petitioner would submit that the subsequent to the filing of this Writ Petition, the parties viz.,the petitioners herein (as First Party and the second respondent, viz., District Revenue Officer, CMRL (as Second Party) and the have entered into a Joint Memorandum of Settlement, dated 17.09.2025 (i.e. today) and submitted that, by virtue of the said Settlement, a sum of Rs. 4,71,83,115/~ was already deposited to the credit of Land Acquisition Original Petition No.86 of 2023, on the file of the Principal City Civil https://www.mhc.tn.gov.in/judis Court, Chennai, by the respondent, Chennai Metro Rail Limited (CMRL), Chennai, and therefore, as per Clause 4 of the said Settlement, the parties are agreable to permit the sixth respondent to withdraw the said sum, which is lying in the Court deposit to the credit of said L.A.O.P.No.86 of 2023. The terms of the said Joint Memo of Compromise dated 17.09.2025 reads as follows:~--The Second Party agrees that the First Party-s lands measuring 121 sq.mts. (as shown as Blue colour in the Annexure hereinbelow) already acquired by the Special District Revenue Officer (LA), Chennai Metro Rail Limited, shall be denotified and restored to the First Party. Moreover, the said 121 Sq.mts. will be taken on temporary basis by the Second Party by executing a separate MOU/lease deed on mutually agreed terms for three years or till the completion of Metro Rail project works whichever is later.2. The First Party agrees that an extent of 28 sq.mts. (as shown as Red colour in theAnnexure hereinbelow) of the First Party-s lands will be permanently acquired by the Second Party in accordance with law.3. The First Party further agrees that 55 sq.mts. (as shown as Green colour in the Annexure) of their lands will be given by way of temporary acquisition to the second party, by executing a separate MoU/lease deed on mutually agreed terms, for three years or till completion of the Metro Rail project works, whichever is later. 4. It is mutually agreed that, upon recording of this Joint Memorandum of settlement by the Hon-ble High Court of Madras in W.P. No. 14996 of 2025 and disposal of the same, the Special District Revenue Officer (LA), Chennai Metro Rail Limited, will take necessary steps before the Principal City Civil Court, Chennai, in L.A.O.P. No. 86 of 2023 to withdraw the deposited award compensation of ?.4,71,83,115/~, and the First Party shall not object to the same.5. The Parties agree that this Joint Memorandum of Settlement shall be executed in quadruplicate, each constituting an original, of which one copy shall be retained by the First Party, one by the Second Party, and the remaining copies shall be filed before the Hon-ble High Court of Madras in W.P. No. 14996 of 2025 and placed before the Principal City Civil Court, Chennai in L.A.O.P. No. 86 of 2023, for appropriate https://www.mhc.tn.gov.in/judis orders--3. Thus, as the parties have entered into a compromise and also filed a Joint Memorandum of Settlement/Compromise before this Court, which is duly been signed by both the parties and prayed for the disposal of the Writ Petition in terms of the said Settlement Memo, the said Joint Memorandum of Settlement is recorded and the present Writ Petition is disposed of in terms of said Settlement Memo. As agreed by both the parties in clause 4 of the said Settlement Memo, the sixth respondent is permitted to withdraw a sum of Rs.4,71,83,115/~ lying in the credit of L.A.O.P.No.86 of 2023, on the file of the Principal City Civil Court, Chennai, along with interest, if any. No costs. Consequently, connected Miscellaneous Petition in W.M.P.No.16998 of 2025 is ordered, W.M.P.Nos.16982 & 16986 of 2025 are closed. 17.09.2025sdIndex : yes/noIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31-10-2025CORAMTHE HONOURABLE MR JUSTICE KRISHNAN RAMASAMYWP NO. 14996 of 2025AND WMP NO. 16889, 16892 & 16896 OF 2025 Mahrukh DasturW/o Late R.K. Dastur, Door No 2 Wheatcroft Road Nungambakkam Chennai 600 034 and 2 Others Petitioner(s) Vs https://www.mhc.tn.gov.in/judis The Revenue Divisional OfficerAnd Land Acquisition Officer, Egmore Reveneu Division, Chennai 600 031 and 6 Others Respondent(s) For Petitioner(s): Anupam RaghuramanFor Respondent(s): Mr.P.Sathish Agp Takes Notice For R1ORDERThis matter has been listed under the caption “For Being Mentioned”. 2. Due to inadvertent typographical error, at paragraph No.3 of the order dated 17.09.2025, it has been mentioned as “.. the sixth respondent is permitted to withdraw....” instead of “...the third respondent is permitted to withdraw....” and hence, the said error has to be rectified. 3. Accordingly, paragraph No.3 of the aforesaid order reads as follows:“3. Thus, as the parties have entered into a compromise and also filed a Joint Memorandum of Settlement/Compromise before this Court, which is duly been signed by both the parties and prayed for the disposal of the Writ Petition in terms of the said Settlement Memo, the said Joint Memorandum of Settlement is recorded and the present Writ Petition is disposed of in terms of said Settlement Memo. As agreed by both the parties in clause 4 of the said Settlement Memo, the third respondent is permitted to withdraw a sum of Rs.4,71,83,115/- lying in the credit of L.A.O.P.No.86 of 2023, on the file of the Principal City Civil Court, Chennai, along with interest, if any. No costs. Consequently, connected Miscellaneous Petition in W.M.P.No.16998 of 2025 is ordered, W.M.P.Nos.16982 & 16986 of 2025 are closed. ” https://www.mhc.tn.gov.in/judis

4. With regard to the remaining portion of the order, there is no need for any modification. 5. The Registry is directed to make necessary corrections in terms of the Order and issue a fresh order copy.31-10-2025nsaTo1. The Revenue Divisional OfficerAnd Land Acquisition Officer, Egmore Reveneu Division, Chennai 600 0312. District Revenue OfficerChennai Metro Rail Limited (cmrl) Cmrl Depot, Poonamallee High Road Koyambedu, Chennai 600 1073. Speical District Revenue Officer, Land Acquisition,Chennai Metro Rail Limited (cmrl) Nandanam, Chennai 600 0354. Special Tahsildar, Land AcquisitionChennai Metro Rail Limited (cmrl) Nandanam, Chennai 600 0355. Chennai Metro Rail Limited (cmrl)Represented By Its Deputy Collector Thiru Gopalasamy Having Office At No 327 Anna Salai, Nandanam, Chennai 600 0356. Chennai Metro Rail Limited (cmrl)Represneted By Its General Manager (ug-c) Mr M. Ravichandran Having Office At Chennai Metro Rail Limited (cmrl) Anna Salai, Nandanam Chennai 600 0357. Sub CollectorChennai Metro Rail Limited (cmrl) Nandanam Chennai 600 035