A.Malliga v. The Government Of Puduchery
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM A.Malliga
...Petitioner in
W.P.15965/2023 A.Krishnadoss
...Petitioner in W.P.15966/2023
A.Ravichandran
...Petitioner in W.P.15967/2023
R.Sukumar
...Petitioner in W.P.15969/2023
Vs.
1.The Government of Puduchery, Rep.by its Chief Secretary, Puduchery-605 001.
2.The District Collector (Revenue) I-Floor, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.
3.The Deputy Collector (Revenue) South Cum, Land Acquisition Officer, Villianur, Puduchery - 605 001.
...Respondents in all W.Ps.
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Common Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to re-determine the compensation awarded to the petitioner for his lands acquired at Karasur Revenue Village in Award No.2/2008, to a sum of Rs.21,261/- per Acre, based on the petitioner's application under Section 28A of the Land Acquisition Act 1894 dated 18.03.2019 and his representation dated 06.04.2023, pursuant to the enhanced compensation award passed in LAOP No.110 of 2012 on the file of II Additional District Judge, Puducherry.
For Petitioners in all W.Ps.
: Mr.V.Rajesh Babu For Respondents :
(for R1 to R3) :Mr.V.Vasantha Kumar, AGP (Puducherry) COMMON ORDER The relief sought in the present writ petitions are to direct the second respondent to redetermine the compensation awarded to the petitioners for their lands acquired at Karasur Revenue Village in Award No.2/2008, to a sum of Rs.21,261/- per Acre, based on the petitioners' applications under Section 28A of the Land Acquisition Act, 1894, dated 18.03.2019 and their representation dated 06.04.2023, pursuant to the enhanced compensation 2/6
award passed in LAOP No.110 of 2012 on the file of II Additional District Judge, Puducherry.
2.The learned counsel for the petitioners in all the writ petitions mainly contended that in respect of the lands acquired from the petitioners, compensation was not redetermined despite the fact that the redetermination of compensation was done in respect of the adjacent owners whose lands were also acquired. It is contended that the petitioners are discriminated in the matter of compensation and the other adjacent land owners have received higher compensation. In this regard, the petitioners submitted their respective representations to redetermine the compensation and pay the enhanced compensation. Since no action has been taken, the petitioners are constrained to move the present writ petitions. 3.The learned Government Pleader, appearing on behalf of the Government of Puducherry, based on the written instructions given to him on 7.6.
2023, made a submission that the case of the petitioners are under active consideration and an enquiry is scheduled to be held on 15th of June 2023.
other adjacent land owners and consider the case of the writ petitioners. If at all, the other adjacent owners of the land were already granted higher compensation, the said benefit are to be extended to the petitioners also.
4. It is needless to state that the petitioners cannot be discriminated in the matter of granting compensation on par with other adjacent land owners. In view of the facts and circumstances, the respondents are directed to finalise the issues by considering the representations submitted by the respective writ petitioners and accordingly, resolve the same without causing any undue delay.
5.With these observations, the writ petitions stand disposed of. However, there shall be no order as to costs. (sha) 08.06.2023 Index : Yes Speaking Order 4/6
To 1.The Government of Puduchery, Rep.by its Chief Secretary, Puduchery-605 001.
2.The District Collector (Revenue) I-Floor, New Revenue Complex, Vazhudavoor Road, Pettaiyanchathiram, Puducherry - 605 009.
3.The Deputy Collector (Revenue) South Cum, Land Acquisition Officer, Villianur, Puduchery - 605 001.
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S.M.SUBRAMANIAM . J., (sha) 08.06.2023 6/6