Madras High CourtREV.APLW/112/2025ordered

K.Jayakrishnan v. The District Collector

2025-04-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR 1.K.Jayakrishnan 2.K.Sagadevan .. Petitioners

Versus

1.The District Collector Erode District Erode 2.The Revenue Divisional Officer Meenakshisundaranar Street Erode, Erode District 3.The Managing Director Tamil Nadu Housing Board CMDA Building E&C Market Road Koyambedu, Chennai - 600 107 4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Sampath Nagar, Erode - 638 011 .. Respondents Petition is filed under Section 114 of the Civil Procedure Code r/w Order 47 Rule 1 to review the order dated 04.07.2024 passed in W.P.No.15083 of 2024.

For Petitioners :

Mr.C.Prakasam For Respondents :

Mr.P.Sathish for R1 & R2 Additional Government Pleader Mr.C.Kalaichelvan for R3 & R4

ORDER

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This review has been filed to review the order of this Court dated 04.07.2024 in W.P.No.15083 of 2024.

2. According to the learned counsel for the petitioner for the petitioner, only redetermination has been sought as per Section 28-A of the Land Acquisition Act, 1894, however, in the order, it is wrongly captured as if, the District Collector is the competent person to make reference.

3. Considering the nature of the provision, particularly, powers vested to the District Collector under Section 28-A of the Land Acquisition Act, paragraph 6 of the order dated 04.07.2024 shall read as follows: " The District Collector as contemplated under Section 28-A of the Land Acquisition Act is directed to conduct enquiry after giving notice to all the person interested and give them a reasonable opportunity of being heard and redetermine the compensation in light of the judgment of the Hon'ble Supreme Court dated 01.02.2013 made in Civil Appeal No.905 of 2013." Except the above corrections, the order remains intact.

4. In view of the above, this review stands ordered. No costs. 2/4

01.04.2025 Index : Yes/No Internet : Yes/No dhk To 1.The District Collector Erode District Erode 2.The Revenue Divisional Officer Meenakshisundaranar Street Erode, Erode District 3.The Managing Director Tamil Nadu Housing Board CMDA Building E&C Market Road Koyambedu, Chennai - 600 107 4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Sampath Nagar, Erode - 638 011 N.SATHISH KUMAR, J.

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