R.Vengatachalam v. The Govt Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. R.Vengatachalam S/o. Rajaram Naidu, No. 61/6b Main Raod, Karasur Village, Kadaperikupam Post, Puduchery 605502 Petitioner(s) Vs
1. The Govt Of Puducherry Rep By It Chief Secretary, Puduchery 605 001.
2.The Distirct Collector (Revenue) 1st Floor New Revenue Complex, Vazhuvdavoor Road, Pettaiyanchathiram, Puduchery 605 009.
3.The Deputy Collector Revenue South Cum Land Acquisition Officer, Villianur Puduchery 605 001.
4.Managing Director Pondicherry Industrial Promotion And Development And Investment Corportion, No. 60 Romain Rolland Street, White Town, Puduchery 605
Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 2nd respondent to re-determine the compensation awarded to the petitioners land acquired at karasur Revenue village in Award no. 2/2008 to a sum of Rs. 21,261/- per Are based on the petitioners application under section 28A of the land Acquisition Act 1894 dated 21.03.2019 pursuant to the enhanced compensation award passed in LAOP no. 110/2012 on the file of the II additional district judge Puducherry and pass. For Petitioner(s): Mr. V.Rajesh Babu For Respondent(s):
Mr.V.Vasanthakumar Additional Government Pleader [Puducherry] for R1 to R3
ORDER
This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to re-determine the compensation awarded to the petitioner based on the application submitted by the petitioner under Section 28A of the Land Acquisition Act, 1894 and based on the subsequent representation made on 21.03.2019.
2.Heard Mr.V.Rajesh Babu, learned counsel appearing on behalf of the petitioner and Mr.V.Vasantha Kumar, learned Additional Government Pleader (Puducherry) appearing on behalf of the respondents.
3.The case of the petitioner is that he was the owner of the property and the lands were acquired under the Land Acquisition Act, 1894. An Award was passed by the 3rd respondent dated 25.01.2008 in Award No.2 of 2008. As against the same, some of the adjacent owners who also fell within the ambit of the same Award went before the learned II Additional District Judge, Puducherry seeking for enhancement of compensation. The learned II Additional District Judge through judgement dated 01.12.2018 enhanced the compensation. Pursuant to the same, the petitioner submitted an application on 21.03.2019 under Section 28A of the Act seeking for redetermination of the compensation awarded to him based on the judgement in LAOP No.110 of 2012 passed by the learned II Additional District Judge, Puducherry. Since the same was not acted upon, the present writ petition has been filed before this
Court.
4.Taking into consideration the facts and circumstances of the case and considering the fact that on receipt of the application submitted by the petitioner under Section 28A of the Land Acquisition Act, enquiry notice was also issued by the 3rd respondent in the year 2023 and thereafter, there has been no progress, there shall be a direction to the 2nd respondent to conduct an enquiry and to pass an order on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.
5.This writ petition is disposed of with the above directions. No Costs.
07-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Govt Of Puducherry Rep By Its Chief Secretary, Puduchery 605 001.
2.The Distirct Collector Revenue 1st Floor New Revenue Complex, Vazhuvdavoor Road, Pettaiyanchathram, Puduchery 605 009.
3.The Deputy Collector Revenue South Cum Land Acquisition Officer, Villianur Puduchery 605 001.
4.Managing Director Pondicherry Industrial Promotion And Developmetn And Investment Corportion, No. 60 Romain Rolland Street, White Town, Puduchery
N.ANAND VENKATESH J.
rka 07-04-2025