K.Rasheed Khan v. The Land Acquisition Officer Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR K.Rasheed Khan ... Petitioner
Versus
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 Prayer:- Writ Petitions filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to pay petitioner enhanced compensation to the writ petitioner with all other benefits in the light of the decree and judgment dated 28.04.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 6 of 2015 by disposing of the writ petitioner representation dated 07.08.2023. For Petitioner : Mr.J.Ram For Respondents : Mr.A.Selvendran 1/4
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 judgment dated 28.04.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 6 of 2015 by disposing of the writ petitioner representation 07.08.2023.
2. It is the grievance of the writ petitioner that the land of the petitioner has been acquired by the Government for the purpose of formation of I.T. Corridor Expressway and awarded compensation and the compensation received by the petitioner is under protest. In this regard, the petitioner has given representation on 17.11.2017 for referring the 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 petitioner has given representation on 07.08.2023 and the same has not been considered by the respondents. Hence, the 2/4
present writ petition.
3. Heard Mr.J.Ram, learned counsel for the petitioners and Mr.A.Selvendran, learned Special Government Pleader 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 matter 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.
5. With the above directions, this Writ Petition stands disposed of. No costs.
05.04.2024 Index:Yes/No dhk N.SATHISH KUMAR, J.
3/4
dhk 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.
05.04.2024 4/4