High Court · 2025

W.P.No.20623 of 2019IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11.09.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.20623 of 2019 andWMP.No.19833 of 20191.M.Venkatajalapathi2.Lakshmi 3.Amaravathi4.Arukkani ... PetitionersVs.1.The District Collector,Namakkal District2.The Land Acquisition Officercum Special Tahsildar,Salem-Karur Broad Gauge Railway Project,Namakkal District ... RespondentsPRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire record in respect of Memorandum dated 4.6.2019 passed by the 2nd respondent in O. Mu. No. 20/2019 (A) and quash the same with consequential direction directing the 2nd respondent to pay a sum of Rs.1,14,780/- as compensation, 30 % solatium and 12 % additional 1/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019amount together with interest for the Well together with pump-set, as per the Valuation Report of the Executive Engineer, P.W.D., Namakkal, dated 30.06.1999, for the Well together with pumpset acquired in the petitioner's land comprised in Survey No.480/2 of Ariyalur Village, Namakkal Taluk and District for formation of the Salem-Karur Broad Gauge Railway Line within the stipulated timeFor Petitioners: Mr.S.SenthilFor Respondents : Mr.S.Rajesh, Government Advocate O R D E RThis writ petition has been filed challenging the order passed by the second respondent dated 04.06.2019 thereby denying the request made by the petitioner seeking compensation for the open well / borewell, solatium and together with interest as per the valuation Report of the Executive Engineer, P.W.D., Namakkal, dated 30.06.1999.2.The petitioner owned the land comprised in Survey No.480/2 situated at Ariyalur Village, Namakkal Taluk and District. In the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019said land, one open well together with pumpset were in existence for irrigation purpose of the said land. While being so, the second respondent issued notification under Section 4(1) of Land Acquisition Act (hereinafter called as 'the Act') for formation of Salem-Karur Broad Gauge Railway line in Kondichettipatti Village of Namakkal District. Enquiry under Section 5 (A) of the Act was dispensed with in view of the urgency clause under Section 17(4) of the Act. Declaration under Section 6 of the Act was approved and published in the Government gazette. In order to determine the compensation, the land under acquisition was treated as manavari dry land by the second respondent and the value as compensation was determined at Rs.54,167/- per hectare. Accordingly on 30.11.1999, award No.23/1999-2000 vide Roc.15/99/Unit-I was passed. As per the award, no compensation was awarded for open well situated in the said land. Therefore, the petitioner made request for compensation, solatium together with interest for the open well and borewell situated in the very same land. However, it was rejected on the basis of GO.Ms.No.952 Revenue Department dated 04.12.1998 issued on the basis of the order passed by the Hon'ble Supreme Court of India in the case of O.Janardhan Vs. Special Deputy Collector reported in (1994) 6 SCC 456. It is relevant to extract the relevant portion of the said judgment 3/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019hereunder:“10.....Hence, the advantage which an agricultural land may have because of the irrigation facility it had from the irrigation well, could only enhance the value of agricultural land depending upon the water yield from the well. Again when the agricultural land, the irrigation of which was possible from the water of the irrigation well, is acquired, the value of the land so acquired will have to be determined taking into consideration the irrigation facility it had from the well. In this situation the irrigation well in an acquired agricultural land, cannot have a value apart from the value of the agricultural land itself....”3.On the strength of the above judgment, the Government passed order in GO.Ms.No.952 Revenue Department dated 04.12.1998 thereby ordering that separate compensation needs to be paid to the irrigation wells which are situated in the agricultural lands acquired. 4.On perusal of the aforementioned judgment and the Government order, it is revealed that when the compensation was awarded to the agricultural land, taking into consideration the irrigation facility, the irrigation well in such acquired agricultural land cannot have 4/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019any value apart from the value of agricultural land. But in the case on hand, the petitioners’ land cannot to be treated as agricultural land with irrigation facility. Therefore, by citing the Government order inGO.Ms.No.952 Revenue Department dated 04.12.1998, the claim of the petitioners was rejected. Further, the respondent treated the petitioners’ land at par with other adjacent lands which were classified as dry land and the same have no irrigation facilities such as open well or borewell. Therefore, the above Government order is not applicable to the land which is classified as dry land. 5.Admittedly, the petitioners’ land was compensated under the head of dry land. As per the award dated 30.11.1999, the subject land was treated as dry land for determining compensation. Therefore, the Government order is not at all applicable to the case on hand. Further, there is no separate classification as punjai land with irrigation facility or without irrigation facility in the Government order. The Hon'ble Supreme Court of India laid down that the compensation has to be awarded to the agricultural land taking into consideration the irrigation facility is available in that land. However, the Government order is silent about the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019available irrigation facility in the form of well.6.In view of the above, the impugned order cannot be sustained and the same is liable to be set aside. Accordingly, the impugned order dated 04.06.2019 is set aside. The second respondent is directed to pay compensation, solatium together with applicable interest for the borewell together with pumpset and also compensation for the open well situated in the acquired petitioners’ land comprised in Survey No.480/2 of Ariyalur Village, Namakkal Taluk and District within a period of eight weeks from the date of receipt of this order.7.With the above direction, this writ petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.11.09.2025Neutral citation: Yes/No (2/5) Index: Yes/NoSpeaking/Non-speaking orderlok6/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019To1.The District Collector,Namakkal District2.The Land Acquisition Officercum Special Tahsildar,Salem-Karur Broad Gauge Railway Project,Namakkal District7/8 https://www.mhc.tn.gov.in/judis W.P.No.20623 of 2019G.K.ILANTHIRAIYAN, J.lokW.P.No.20623 of 201911.09.2025(2/5)8/8