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HC orders adequate compensation for acquired land
THE HINDU, NOVEMBER 30, 2018


MADURAI: Imposes cost on Labour department for acting indifferently

The Madurai Bench of the Madras High Court on Thursday directed the State to appropriately compensate a woman who was paid no compensation for the land was acquired for the Madurai airport expansion project.

Justice G. R. Swaminathan observed that this was a violation of Article 300 (A) of the Constitution which mandates that no land can be acquired without payment of fair compensation. The court directed payment of compensation to the woman under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Pulling up the authorities for acting indifferently, the court also imposed a cost of ?25,000 on the Labour department, which had issued the notification for acquisition. The court was hearing the case of R. Sarasa of Madurai who, in her petition, said that her land to the extent of 8 cents and 172 square feet in Perungudi was acquired under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

She claimed that adequate compensation was not paid to her. The Act mandates that decision on compensation has to be taken within six months. Though she was called by district authorities to finalise the compensation, no decision was arrived at in the last four years. Meanwhile, Parliament enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. She sought a direction for the release of the land from acquisition if compensation was not determined under the new Act.

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