V.Shanmugam v. The Land Acquisition Officer Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.Nos.8712, 8716, 8718, 8719 & 8722 of 2024
1. V.Shanmugam ... Petitioner in W.P.No.8712 of 2024 Vs
1. The Land Acquisition Officer cum District Collector, Chengalpet, District Collectorate office, GST Road, Chengalpet - 603 001.
2. The Divisional Engineer, Highways, Construction & Maintenance, GST Road, Opp. to Govt. Medical College Hospital, Chengalpet.
... Respondents in all WPs Common Prayer :- Writ Petitions filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to pay enhanced compensation to the writ petitioners with all other benefits in the light of the decree and judgment dated 30.09.2021 passed by the Additional Subordinate Judge, Chengalpet in LAOP No. 3 of 2019 by disposing of the writ petitioners representations dated 03.08.2023 confirming the lower Court enhanced compensation of 1/5
Rs.10,000/- per sq.mtrs as per the Order of this Court in CRP.No.2215 of 2022 dated 16.09.2022 by disposing of the representations dated 03.08.2023.
For petitioners : Mr.J.Ram all WPs For Respondents : Mr.J.Ravindran, in all WPs Additional Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader COMMON ORDER These Writ Petitions have been filed to direct the respondents to pay enhanced compensation to the writ petitioners with all other benefits in the light of the decree and jugment dated 30.09.2021 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 3 of 2019 by disposing of the writ petitioners representations dated 03.08.2023 respectively confirming the lower Court enhanced compensation of Rs.10,000/- per sq.mtrs as per the Order of this Court in CRP.No.2215 of 2022 dated 16.09.2022.
2. It is the grievance of the writ petitioners that the lands of the petitioners have been acquired by the Government for the purpose of 2/5
formation of Radial Road that is to extend to six land of Old Mahabalipuram and awarded compensation and the compensation has been received by the petitioners under protest. It is their further contention that the adjacent land owners have been referred to Land Acquisition Tribunal and they have been granted enhanced compensation. The revision filed as against the Order of the Tribunal has also been dismissed confirming the enhancement made by the Tribunal. Therefore, the petitioners have given representations on 03.08.2023 and the same have not been considered by the respondents. Hence, the present writ petitions.
3. Heard Mr.J.Ram, learned counsel for the petitioners and Mr.J.Ravindran, learned Additional Advocate General for the respondents.
4. Considering the fact that the District Collector has to make reference under section 28 [A] [1] and [2] of Land Acquisition Act, the first respondent is directed to refer the matters to the tribunal for enhancement of compensation with all other benefits as per Land Acquisition Act and in the light of the decree and judgment dated 28.04.2017 passed by the learned Additional Subordinate Judge, 3/5
Chengalpet in LAOP No. 3 of 2019 which has been confirmed by this Court in CRP.No.2215 of 2022 dated 16.09.2022.
6. With the above directions, these Writ Petitions are disposed of. No costs.
01.04.2024 Index:Yes/No vrc To,
1. The Land Acquisition Officer cum District Collector, Chengalpet, District Collectorate office, GST Road, Chengalpet - 603 001.
2. The Divisional Engineer, Highways, Construction & Maintenance, GST Road, Opp. to Govt. Medical College Hospital, Chengalpet.
4/5
N.SATHISH KUMAR, J.
vrc WP.Nos. 8712, 8716, 8718, 8719 & 8722 of 2024 01.04.2024 5/5