Kasthuri v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
1. Kasthuri W/o. Late Krishnamoorthy 2.Nareshbabu S/o. Late Krishnamoorthy 3.Mukeshbabu S/o. Late Krishnamoorthy Petitioners Vs
1. The Secretary to Government Industries Investment Promotion & Commerce Department, Secretariat, Chennai 600 009.
2.The District Collector Kancheepuram.
3.The Special Tahsildar (L.A) SIPCOT Unit IX, Sriperumbudur Scheme, SIPCOT Pillaipakkam Project Officer Building, Kundrathur Main Road, Sriperumbudur - 602 105.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to pass revised award by re-determining the amount of compensation in 1/6
accordance with Section 28A of LA Act 1894 in the light of judgement and decree dated 09.01.2020 made in LAOP Nos.8, 9, 10, 12 and 19 of 2016 on the file of the Principal Sub-ordinate Judge, Kancheepuram in respect of the land acquired from the petitioner comprised in survey No.294/2B measuring to an extent of 0.40.5 Hectares, Patta No.317, Thirumangalam Village, Sriperumbudur Taluk, Kancheepuram District, based on the representation dated 01.04.2020. For Petitioners : Mr.L.Chandrakumar For Respondents : Mr.A.Selvendran Special Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents, particularly, the second respondent to re-determine the compensation amount in accordance with Section 28A of the Land Acquisition Act, 1894, in the light of judgment and decree dated 09.01.2020 made in L.A.O.P.Nos.8, 9, 10, 12 and 19 of 2016 on the file of Principal Subordinate Court, Kancheepuram, with respect to the subject property.
2. Heard Mr.L.Chandrakumar, learned counsel for petitioners and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents.
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3. The case of the petitioners is that their lands were acquired for setting up SIPCOT Industrial Park. The compensation was determined by the third respondent and an award came to be passed on 09.03.2000 in Award No.1 of 2000. The compensation was fixed at Rs.988 per Are. Similarly placed persons sought for a reference and accordingly, the matter was referred and it was dealt with by the Principal Subordinate Court, Kancheepuram, in L.A.O.P.Nos.8, 9, 10, 12 and 19 of 2016. The Principal Subordinate Court, Kancheepuram, through judgment dated 09.01.2020, fixed the compensation of Rs.10,224/- per cent together with all other statutory benefits. After the judgment was passed by the Reference Court, the petitioners made a representation before the second respondent dated 01.04.
2020 and sought for re-determination of the compensation in line with Section 28-A of the Land Acquisition Act, 1894. Since the same was not acted upon, subsequent representation was made on 05.07.2024 and the same also did not evoke any response. It is under these circumstances, the present writ petition has been filed.
4. Taking into consideration the facts and circumstances of the case and considering the fact that the lands acquired from the petitioners 3/6
also fall within the same acquisition and the compensation amount has been enhanced for the land owners, who fall within the same acquisition and taking note of the judgment of the Apex Court in Narendra and others v. State of Uttar Pradesh and others [(2017) 9 SCC 426], there shall be a direction to the second respondent to act upon the representation made by the petitioner dated 01.04.2020 and pass appropriate orders enhancing the compensation in line with the order passed in L.A.O.P.Nos.8, 9, 10, 12 and 19 of 2016 by the Principal Subordinate Court, Kancheepuram, dated 09.01.2020, within a period of eight (8) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs.
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To
1. The Secretary to Government Industries Investment Promotion & Commerce Department, Secretariat, Chennai 600 009.
2.The District Collector, Kancheepuram.
3.The Special Tahsildar (L.A) SIPCOT Unit IX, Sriperumbudur Scheme, SIPCOT Pillaipakkam Project Officer Building, Kundrathur Main Road, Sriperumbudur - 602 105.
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