P.K.Kuppusamy, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:03.08.2016
CORAM
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN W.P.No.26826 of 2016 1 P.K.Kuppusamy [ Petitioners ] 2 P.V.Subramani 3 S.Kolanda Gounder 4 S.Ponnusamy 5 M.Subbarayan 6 Palaniammal @ Pappayee 7 Palanivel 8 K.Subbarayan 9 K.Ramasamy 10 Mohan Vs 1 The District Collector Namakkal O/o.The District Collector Thummankurichi Post Namakkal Taluk and District 2 The Revenue Divisional Officer Namakkal Namakkal Taluk and District [ Respondents] Prayer: Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 1st respondent to consider our representations dated 19.5.2014 20.5.2014 23.5.2014 23.6.2014 and 4.7.2014 and pass fresh awards re determining the compensation in accordance with Section 28A of the Land Acquisition Act as per the Judgments of the Learned Additional District Judge Namakkal in L.A.O.P Nos.5/2007 to 173/2007 as confirmed by this High Court in A.S. Nos.110 to 278/2015. For Petitioners Mr.LSM.Hasan Fizal for Mr.J.Stanlin For Respondents : Mr.V.Jayaprakash Narayanan, Special Government Pleader
ORDER
Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice on behalf of the respondents and with the consent of the learned counsel on either side, the main writ petition itself is taken up for final disposal.
2. The writ petitioners have sought for a writ of mandamus directing the respondents to consider their representations dated 19.5.2014, 20.5.2014, 23.5.2014, 23.6.2014 and 4.7.2014 and pass fresh awards re determining the compensation in accordance with Section 28A of the Land Acquisition Act, as per the Judgment of the Learned Additional District Judge, Namakkal in L.A.O.P Nos.5/2007 to 173/2007 as confirmed by this Court in A.S. Nos.110 to 278/2015, wherein, higher compensation was determined for the lands acquired from the similarly placed persons.
3. Heard the learned counsel for the petitioners and the learned Special Government Pleaders appearing for the respondents.
4.1 The petitioners lands were sought to be acquired by virtue of 4(1) Notification dated 4.6.98 and the same was published in the locality on 22.6.1998. The details of the lands acquired from each of the petitioners are as follows:- Sl.No .
Owners Name Survey Nos.
Extent Relevant LAOP No.
Compensati on per sq.ft.
P.K.Kupusamy 6/6 7/2 0.36.0 Hect 0.35.0 Hect 113/2007 Rs.35/- P.V.Subramani 16/1 0.65.0 Hect 67/2007 Rs.35/- S.Kolanda Gounder S.Ponnusamy 11/1 0.77.0 Hect 71/2007 Rs.35/- M.Subbarayan 375/1 E 0.06.5 50/2007 Rs.35/- Palaniammal @ Pappayee 376/6 391/2 A 395/1 0.40.0 Hect 0.29.5 Hect 1.03.0 Hect 12/2007 Rs.35/- Palanivel 10/9 10/10 10/13 0.015 Hect 0.19.0 Hect 0.51.5 Hect 101/2007 Rs.35/-
Sl.No .
Owners Name Survey Nos.
Extent Relevant LAOP No.
Compensati on per sq.ft.
K.Subbarayan 17/3C 18/3 0.76.1/2 cent 0.05.0 Hect (1.3 share) 73/2007 Rs.35/- K.Ramasamy 353/1 1.32.0 Hect 51/2007 Rs.26/- Mohan 6/2 0.32.0 Hect 98/2007 Rs.35/- Since the acquisition was under emergency provisions under Section 17, enquiry under Section 5A of the Land Acquisition Act, 1891 (hereinafter referred to as "the Act") was dispensed with. The award enquiry was held on various dates and the land acquisition officer passed awards in Award Nos.1 to 11 of 1998 on 17.03.1999 and 25.05.1999. A sum of Rs.61,728/- was fixed as compensation per hectare. As the compensation fixed was very low, the petitioners sought for reference under Section 18 of the Act. It is stated in the affidavit filed in support of this writ petition that the said officer did not make any reference under Section 18 of the Act.
4.2 In the meanwhile, similarly placed persons whose properties are covered under the very same 4(1) notification, for whom reference was made, the matters were numbered as LAOP Nos.5/2007 to 173 of 2007, which were disposed of on 12.02.2014 by the learned District Magistrate, Namakkal, fixing the compensation at Rs.35/- per sq.ft. for the lands abutting the main road and Rs.26/- per sq.ft. for the interior lands. 4.3 The petitioners, after knowing the fact that the higher compensation amount was fixed to the similarly situated persons, made representations on 19.5.2014, 20.5.2014, 23.5.2014, 23.6.2014 and 4.7.2014, seeking refixation of the compensation of the award amount on par with the compensation fixed in LAOP Nos.5/2007 to 173 of 2007 under Section 28-A of the Act. There was no response from the respondents.
4.4. In the meanwhile, the Land Acquisition Officer, filed appeals in A.S.No.110 to 278 of 2015 before this Court, challenging the enhancement of the award amount granted by the learned District Magistrate, Namakkal on 12.02.2014 in LAOP Nos.5/2007 to 173 of 2007. The said appeals were dismissed, confirming the compensation fixed by the learned District Magistrate, Namakkal on 17.08.2015. In view of the same, the petitioners have approached this Court by way of this writ petition.
5. When the very same 4(1) notification covers the property of the petitioners as well as the properties covered in A.S.No.110 to 278 of 2015, in and by which, this Court has confirmed the enhanced compensation already granted, the petitioners are entitled to get higher compensation as per Section 28-A of the Act.
6. Taking into consideration the above provision of law, the 1st respondent is directed to consider the representations of the petitioners dated 19.5.2014 20.5.2014 23.5.2014 23.6.2014 and 4.7.2014 and pass fresh award as per the amount fixed by this Court in the Judgment passed in A.S.Nos.110 to 278 of 2015 dated 12.02.2014, within a period of twelve weeks from the date of receipt of a copy of this order.
The writ petition is allowed on the above terms. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rg To 1 The District Collector Namakkal O/o.The District Collector Thummankurichi Post Namakkal Taluk and District 2 The Revenue Divisional Officer Namakkal Namakkal Taluk and District 9 ccs to Mr.J.Stanlin, Advocate, sr.44070 1 cc to Government Pleader, sr.43903 W.P.No.26826 of 2016 nm co kra 17.08.2016