S.Rani, 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 S.Rani ... Petitioner Vs
1. The Land Acquisition Officer cum District Collector, Kancheepuram District Collectorate Office, Kancheepuram.
2. The Divisional Engineer, Highways, Construction & Maintenance, GST Road, Opp. to Govt. Medical College Hospital, Chengalpet.
...
Respondents Common Prayer :- Writ Petition 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 petitioner with all other benefits in the light of the decree and jugment dated 21.03.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No.8 of 2015 by disposing of the writ petitioner representation dated 07.08.2023. 1/5
For petitioner : Mr.J.Ram For Respondents : Mr.J.Ravindran, Additional Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader
ORDER
This Writ Petition has been filed to direct the respondents to pay enhanced compensation to the writ petitioner with all other benefits in the light of the decree and jugment dated 21.03.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No.8 of 2015 by disposing of the writ petitioner representation dated 07.08.2023.
2. It is the grievance of the writ petitioner that the lands of the petitioner has been acquired by the Government for the purpose of formation of I.T. Corridor Expressway scheme and awarded compensation and the compensation received by the petitioner under protest. In this regard the petitioner has given representation dated 17.11.2017 for referring his matter to the Tribunal for enhancement of compensation. 2/5
Whereas, for the adjacent land owners, whose lands have been acquired, 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, once again petitioner have given representations on 07.08.2023 and the same has not been considered by the respondents. Hence, the present writ petition.
3. Heard Mr.J.Ram, learned counsel for the petitioner 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 21.03.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No.8 of 2015.
3/5
6. With the above directions, this Writ Petition is disposed of. No costs.
01.04.2024 Index:Yes/No vrc To,
1. The Land Acquisition Officer cum District Collector, Kancheepuram District Collectorate Office, Kancheepuram.
2. The Divisional Engineer, Highways, Construction & Maintenance, GST Road, Opp. to Govt. Medical College Hospital, Chengalpet.
4/5
N.SATHISH KUMAR, J.
vrc WP.No.8587 of 2024 01.04.2024 5/5