Arivalagi 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 Arivalagi ... Petitioner in W.P.No.8232 of 2024
1. H.Chandra
2. E.Murugan
3. K.Bhuvaneswari
4. M.Malar
5. K.Dhanasekaran
6. K.Dinesh
7. K.Thenmozhi ... Petitioners in W.P.No.8236 of 2024
1. J.Manoharmal Bokadia
2. Suraj Kumar ... Petitioners in W.P.No.8330 of 2024
1. A.Yasodha
2. R.Shanthi
3. H.Neelavathi
4. A.Loganahan
5. K.Sujatha ... Petitioners in W.P.No.8235 of 2024 Vs
1. The Land Acquisition Officer cum District Collector, Kancheepuram District Collectorate Office, Kancheepuram.
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2. The Divisional Engineer, Highways, Construction & Maintenance, GST Road, Opp. to Govt. Medical College Hospital, Chengalpet.
... Respondents in bothWPs Common Prayer :- Writ Petitions filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to pay petitioners enhanced compensation to the writ petitioners with all other benefits in the light of the decree and jugment dated 28.04.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 6 of 2015 by disposing of the writ petitioners representation dated 14.07.2023, 04.08.2023, 08.07.2023 and 08.07.2023. respectively. 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 2/6
light of the decree and jugment dated 28.04.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 6 of 2015 by disposing of the writ petitioners' representation dated 14.07.2023, 04.08.2023, 08.07.2023 and 08.07.2023 respectively.
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 formation of I.T. Corridor Expressway and awarded compensation and the compensation received by the petitioners under protest. In this regard the petitioners have given representations dated 21.11.2017, 17.11.2017 and 09.01.2018 for referring their matter to the Tribunal for enhancement of compensation. 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 petitioners have given representations on 14.07.2023 and 14.08.2023, 08.07.2023 and 08.07.2023 and the same have not been considered by the respondents. Hence, the present writ petitions. 3/6
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 had made reference to Land Acquisition Tribinual for enhancement of compensation to the adjacent land owners and applications have been given by the petitioners 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, Chengalpet in LAOP No.6 of 2015.
6. With the above directions, these Writ Petitions are disposed of. No costs.
01.04.2024 Index:Yes/No vrc 4/6
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.
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N.SATHISH KUMAR, J.
vrc WP.Nos.8232, 8236, 8330 & 8335 of 2024 01.04.2024 6/6