T.Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

1. T.Babu

2. N.Gopisankar ... Petitioners Vs.

1. The District Collector, Thiruvallur Distirct.

2. The Member Secretatory C.M.D.A, Thalamuthu Natarjan Maligai, Egmore Chennai-18.

3. The Special Thalsildar, O.R.R. Project C.M.D.A, Unit : IV Koyambedu, Chennai 92.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the first respondents to consider and dispose the petitioners application dated 01.02.2019 on the file of the first respondent herein in.

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For Petitioners : Mr.V.Perumal For Respondents (for R1) : Mr.P.Sanjay Gandhi Government Advocate (for R2 & R3) : Mr.Y.Bhuvanesh Kumar

O R D E R

The land belonging to the Government was acquired. The award was passed and compensation was paid to the land owners.

2. The petitioner submitted an application under Section 28A to revise the compensation since the adjacent land owners are paid higher compensation than that of the compensation received by the petitioner. When the petitioner has been denied equal compensation on par with the adjacent owners, the application under Section 28A is to be considered on merits and in accordance with the law.

3. Since the application submitted by the petitioner on 01.02.2019 is pending for the past about 3 1⁄2 years, the present writ petition is filed.

4. In view of the facts and circumstances, the first respondent District Collector is directed to consider the application submitted by the 2/4

writ petitioner under Section 28A of the Land Acquisition Act and pass appropriate orders on merits and in accordance with law as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition stands disposed of. No costs. 11.09.2023 Index : Yes Speaking Order (sha) To

1. The District Collector, Thiruvallur Distirct.

2. The Member Secretatory C.M.D.A, Thalamuthu Natarjan Maligai, Egmore Chennai-18.

3. The Special Thalsildar, O.R.R. Project C.M.D.A, Unit : IV Koyambedu, Chennai 92.

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S.M.SUBRAMANIAM . J., (sha) 11.09.2023 4/4