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Madras High CourtWP/24312/2024disposed of

Lourdu Xavier v. The District Collector

2024-08-27Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.24312 of 2024 Lourdu Xavier

...Petitioner

Vs.

1.The District Collector Tiruvallur District, Tiruvallur Collectorate Office, Tiruvallur-602 001.

2. The District Revenue Officer Outer Ring Road Scheme, CMDA, Koyambedu, Chennai-600 107.

3.The Special Tahsildar Outer Ring Road Scheme Unit-V, CMDA, Koyambedu, Chennai-600 107.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to re-determine the compensation amount awarded to the petitioner's land which were acquired for the outer Ring Road Project by Award No.18 of 2006 dated 07.11.2006 based on the petitioner's application under Section 28A of Land Acquisition Act dated 21.01.2019.

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For Petitioner : Mr.K.Nagarajan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to 1st respondent to re-determine the compensation amount awarded to the petitioner's land which was acquired for laying Outer Ring Road by considering petitioner's application dated 21.01.2019.

2. According to the petitioner, he is the owner of the subject land and the same was acquired for Outer Ring Road Project. The 1st respondent passed an award fixing compensation at Rs.500/- per cent in Award No.18 dated 07.11.2006. It is asserted by the petitioner that on reference sought for by other land owners affected by the same land acquisition, the compensation amount was enhanced to Rs.10,000/- per cent by Additional District Court No.II, Poonamallee in LAOP.Nos.132, 133, 134, 136 and 138 of 2008 by order dated 08.10.2018. The petitioner submitted an application on 2/5

21.01.2019 seeking re-determination of the compensation payable to the petitioner in the light of the order passed by the Land Acquisition Tribunal in the above mentioned LAOP's and the same has not been considered. Aggrieved by the same, the petitioner is before this Court.

3. The learned Special Government Pleader, who is taking notice for the respondents 1 to 3, submitted that the application of the petitioner dated 21.01.2019 will be considered by the 1st respondent on its' own merits within a time fixed by this Court.

4. In view of the same, this Court, without going into the merits of the claim made by the petitioner, is inclined to direct the 1st respondent to consider the application submitted by the petitioner dated 21.01.2019 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order.

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5. With the above directions, this writ petition is disposed of. No costs. 27.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To 1.The District Collector Tiruvallur District, Tiruvallur Collectorate Office, Tiruvallur-602 001.

2. The District Revenue Officer Outer Ring Road Scheme, CMDA, Koyambedu, Chennai-600 107.

3.The Special Tahsildar Outer Ring Road Scheme Unit-V, CMDA, Koyambedu, Chennai-600 107.

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S.SOUNTHAR , J.

nr W.P No.24312 of 2024 27.08.2024 5/5