B.Harri Prasad v. The Land Acquisition Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR B.Harri Prasad ...
Petitioner [in W.P.Nos.15721 of 2024] 1.B.Harri Prasad 2.N.Sharmila 3.K.Sasikala ...
Petitioners [in W.P.No.15726 of 2024] 1.B.Harri Prasad 2.N.Sharmila ...
Petitioners [in W.P.No.15728 of 2024] N.Sharmila ...
Petitioner [in W.P.No.15731 of 2024] versus 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.
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3.The Executive Engineer, Kosathalaiyur Basin Division W.R.O., Public Works Department, Thiruvallur Division, Thiruvallur Town and District.
...
Respondents [in all 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 consider the petitioners representation dated 05.04.2024 and pay the petitioners difference amount of Rs.20,565/- per cent to the 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 and 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 the petitioners acquired lands with all other benefits as per Land Acquisition Act into the L.A.O.P.Nos.1426, 1447, 1425 & 1427 of 2008 on the file of the learned Principal Subordinate Judge, Kancheepuram, respectively.
For Petitioners :
Mr.J.Ram [in all W.Ps] For Respondents :
Mr.P.Sathish [in all W.Ps] Additional 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.
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2.
These Writ Petitions are filed to direct the respondents to pay the enhanced compensation to the writ petitioners with all other benefits in the light of the order dated 12.09.2018 passed by the Hon'ble Supreme Court in Civil Appeal Nos.9531 and 9532 of 2018 and to deposit the difference amount to the writ petitioners with all other benefits in L.A.O.P.Nos.1425, 1426, 1427 and 1447 of 2008 on the file of the learned Principal Subordinate Judge, Kancheepuram respectively, by considering the petitioners representation dated 05.04.2024. 3.
Heard the learned counsel for the petitioners and the learned Additional 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 representation dated 3/6
05.04.2024 to the respondents. However, the same has not been considered by them. Hence, the present Writ Petitions.
5.
Considering the limited relief sought for in these writ petitions, there shall be a direction to the respondents to dispose of the representation of the petitioners dated 05.04.2024 and pass Orders on the same on merits 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.
19.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6
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, Ambattur, Chennai - 600 053.
3.The Executive Engineer, Kosathalaiyur Basin Division W.R.O., Public Works Department, Thiruvallur Division, Thiruvallur Town and District.
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N.SATHISH KUMAR , J.
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