K.Gopalakrishnan v. The District Collector -Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE WP.NO.17085 OF 2020 K.Gopalakrishnan
...Petitioner
-Vs1.
The District Collector-Chennai, 2.
The District Revenue Officer-Chennai, 3.
The District Revenue Officer, (Land Acquisition), Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-35 4.
The Special Tahsildar(LA-II), Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035.
...Respondents
Prayer:
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 23.09.2017, 30.01.2020 and 04.09.2020 within a time frame as stipulated by this Court.
For Petitioner : Mr.M.Kampraj For Respondents : Mr.D.Raja Additional Government Pleader
ORDER
The point involved in this case is that the properties of the petitioner were acquired and an award came to be passed in 1986. However, he did not move the Competent Court seeking enhancement under Section 18 of the Land Acquisition Act, 1894. However, some of the land owners have moved the Competent Court, viz., Sub Court, Poonamallee and an award came to be passed by Sub Court, Poonamallee. Based on the same and within the time stipulated, the petitioner is stated to have filed his representations for granting them parity in the matter of awarding compensation in terms of Section 28-A of the said Act. 2.Mr.D.Raja, learned Additional Government Pleader made a statement on instructions that in February 2020, the petitioner indeed has moved the first respondent seeking enhancement of compensation under Section 28-A of the Land Acquisition Act, 1894. The learned Additional Government Pleader submitted that due to Corona Pandemic, the first respondent could not bestow his attention to this petition.
3.The said statement of the learned Additional Government Pleader is recorded.
4.This Court, now directs the first respondent to dispose of the petitioner's representations dated 23.09.2017, 30.01.2020 and 04.09.2020 seeking enhancement of compensation under Section 28-A of the Land Acquisition Act, 1894 within a period of twelve
(12) weeks from the date of receipt of a copy of this order. 5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dn To 1.
The District Collector-Chennai,
2.
The District Revenue Officer-Chennai, 3.
The District Revenue Officer, (Land Acquisition), Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-35 4.
The Special Tahsildar(LA-II), Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai-600 035.
+1cc to Mr.M.Kampraj, Advocate, S.R.No.2587 +1cc to the Government Pleader, S.R.No.2737 W.P.No.17085 of 2020 SV(CO) CS/01/03/2021