M.Akila v. The Land Acquisition Officer Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Akila ... Petitioner in W.P.No.9914 of 2024 Lalit Kumar Mehta ... Petitioner in W.P.No.9915 of 2024 K.Veerabadra Naidu ... Petitioner in W.P.No.9919 of 2024 K.Haridas ... Petitioner in W.P.No.9923 of 2024 Nagammal ... Petitioner in W.P.No.9928 of 2024
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 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 petitioners enhanced compensation to the writ petitioners with all other benefits in the light of the decree and jugment dated 28.02.2017 passed by the Additional Subordinate Judge, Chengalpet 1/6
in LAOP No 57 of 2016 by disposing of the writ petitioners representation dated 07.07.2023, 07.07.2023, 15.03.2024, 07.07.2023 & 14.07.2023 respectively.
For petitioners : Mr.J.Ram all WPs For Respondents : Mr.A.Selvendran in all WPs 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 28.02.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 57 of 2016 by disposing of the writ petitioners representation dated 07.07.2023, 07.07.2023, 15.03.2024, 07.07.2023 & 14.07.2023 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 Radial Road, i.e., to extend to six lane of OMR and awarded compensation and the compensation was received by the petitioners under protest. In this regard the petitioners have given representations on 2/6
24.11.2017 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 was disposed by reducing the compensation amount from Rs.7,405/- per sq.meter to Rs.5370 per sq.meter. Therefore, once again petitioners have given representations on 07.07.2023, 07.07.2023, 15.03.2024, 07.07.2023 & 14.07.2023 respectively 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.A.Selvendran, learned Special Government Pleader for the respondents.
4. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
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5. Considering the fact that the District Collector has to make reference under section 28 [A] [1] and [2] of Land Acquisition Act, 1894, 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 28.02.2017 passed by the Additional Subordinate Judge, Chengalpet in LAOP No 57 of 2016.
5. With the above directions, these Writ Petitions are disposed of. No costs.
12.04.2024 Index:Yes/No dhk 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.
dhk W.P.Nos.9914, 9915,, 9919, 9923 & 9928 of 2024 12.04.2024 6/6