HC suggests making amendments in Highways Act

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Press Trust of India Chennai
Last Updated : Apr 12 2015 | 9:02 PM IST
The Madras High Court has suggested that the government amend the Tamil Nadu Highways Act-2001 to bring an outer time limit for paying compensation to people whose lands are acquired enabling them to get fair compensation within stipulated period.
Justice M Duraiswamy while refusing to invalidate acquisition of lands in Erode district for an outer ring road project in his order said "I would like to suggest that the legislature may consider amending the Act by incorporating an outer time limit for determination of compensation by the District Collector."
Several petitions were filed by residents of Pudur and Punjailakapuram Villages of Erode district whose lands were acquired by the State Highways Department-2010 and not been paid compensation so far.
They submitted that the determination of the amount is not arrived nor amount is paid by the Department for more than five years and even the acquisition proceedings itself had lapsed.
They submitted made it clear that it is only their aim to get higher and fair compensation and not to stall the project.
The judge concurring with the submissions by Additional Advocate General S Gomathinayagam said "state's highway law has specific time limit for landowners to surrender or deliver possession of the acquired lands, express their willingness to enter into a valuation agreement and state objections about the quantum of compensation."
"But it has no outer time limit for payment of compensation by the government. While the Land Acquisition Act, 1894 has two year limitation period for payment of compensation before the acquisition lapses, the newly enacted Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 says the Collector must make an award within 12 months before it gets lapsed", the judge said.
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First Published: Apr 12 2015 | 9:02 PM IST

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