S.Sakkubai v. The Land Acquisition Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.Nos.12630 & 12635 of 2024 S.Sakkubai ... Petitioner in W.P. No.12630/2024 V.S.Balasugunthan ... Petitioner in W.P. No.12635/2024 Vs 1.The Land Acquisition Officer-cum- District Collector, Kancheepuram District Collectorate Office Kancheepuram 2.The Special Tahsildar, (Land Acquisition) Chennai City Water Ways Scheme Ambattur Taluk Office Building 1st Floor Ambattur, Chennai - 600 053 3.The Executive Engineer Kosathalaiyar Basin Division W.R.O Public Works Department, Thiruvallur Division Thiruvallur Town and District ... Respondents in both W.Ps Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to Page 1/6

consider petitioners' representation dated 08.08.2023 and pay the petitioners difference amount of Rs.20,565/- per cent to petitioners' acquired lands with all other benefits in the light of the order passed by the Hon'ble Supreme Court of India in Civil Appeal Nos.9531 & 9532 of 2018 fixing compensation at the rate of Rs.50,000/- per cent with all other benefits as per L.A. Act and to deposit the difference amount of Rs.20,565/- per cent for petitioners' acquired lands with all other benefits as per Land Acquisition Act into LAOP Nos.1424 of 2008 and 1428 of 2008 on the file of Principal Subordinate Judge, at Kancheepuram. For Petitioner :

Mr.J.Ram [in both W.Ps] For Respondents :

Mr.A.Selvendran [in both W.Ps] Special Government Pleader C O M M O N O R D E R By consent of both sides, these Writ Petitions are disposed of at the stage of admission itself.

2. These Writ Petitions are filed to consider petitioners' representation dated 08.08.2023 and pay the petitioners difference amount of Rs.20,565/- per cent to their acquired lands with all other benefits in the light of the order Page 2/6

passed by the Hon'ble Supreme Court of India in Civil Appeal Nos.9531 & 9532 of 2018 fixing compensation at the rate of Rs.50,000/- per cent with all other benefits as per Land Acquisition Act and to deposit the difference amount of Rs.20,565/- per cent for petitioners' acquired lands with all other benefits as per Land Acquisition Act into LAOP Nos.1424 of 2008 and 1428 of 2008 respectively on the file of Principal Subordinate Judge, at Kancheepuram. 3.

Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4.

The case of the petitioners is that the land of the petitioners have been acquired by the Government for the purpose of effecting improvements to Chembarambakkam Surplus Water Course and widening the channel under improvement of Chennai City Water Ways Scheme and compensation has also been awarded. As higher compensation has been fixed to the similar land owners, the petitioners' made representations dated 09.08.2023 to the respondents. However, the same has not been considered by them. Hence, the present Writ Petitions.

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5.

Considering the facts and circumstanes of the case and the limited relief sought for in these writ petitions, there shall be a direction to the respondents to consider petitioners' representation dated 08.08.2023 and pass orders on merits in the light of the order passed by the Hon'ble Supreme Court of India in Civil Appeal Nos.9531 & 9532 of 2018 fixing compensation and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6.

With the above direction, these writ petitions are disposed of. No costs.

04.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Asr To 1.The Land Acquisition Officer-cum- District Collector, Kancheepuram District Collectorate Office Kancheepuram 2.The Special Tahsildar, (Land Acquisition) Chennai City Water Ways Scheme Ambattur Taluk Office Building 1st Floor Page 4/6

Ambattur, Chennai - 600 053 3.The Executive Engineer Kosathalaiyar Basin Division W.R.O Public Works Department, Thiruvallur Division Thiruvallur Town and District 4.The Government Pleader High Court, Madras Page 5/6

N.SATHISH KUMAR , J.

Asr W.P.Nos.12630 & 12635 of 2024 04.06.2024 [1/2] Page 6/6