S.Sharada v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2024
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA S.Sharada ... Petitioner Vs.
1. The District Collector, The District Collector Office, Kancheepuram - 631 501.
2. The Special District Revenue Officer (I.A), National Highways, Kanchipuram District, Kanchipuram - 631 501.
3. The Zonal Deputy Thasildar (LA), National Highways, Kancheepuram District, Kancheepuram - 631 501.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents to pay the enhanced compensation of Rs.2155/- per square meters for 344 square meters together with interest of land comprised in Old S.No.57/1A1A1A2, New S.No.57/1A1A1A2 in Podavur Village, Sriperumbudur Taluk acquired and subject matter in order in Rc.04/2015/BCE/Unit-III dated 21.12.2022 and Page No. 1 of 6
solatium after deducting the amount paid by considering my representations dated 18.08.2023, 01.04.2024 and 19.06.2024.
For Petitioner : Mr.T.Balaji For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader
ORDER
The Writ Petition has been filed for the following relief: The Petitioner whose lands had been acquired is aggrieved by the fact that the compensation fixed in respect of her lands is far less than the compensation that is awarded to lands in the same vicinity measuring a lesser extent. The Petitioner had received a communication stating that the compensation was fixed at a sum of Rs.12,86,661/- which constituting the preliminary sum and that the final compensation would be fixed later. However, the same has not been fixed to date. The Petitioner has come to learn that similarly placed persons have received the enhanced compensation. Therefore, the present Writ Petition.
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2. The Second Respondent has filed a counter affidavit stating as follows:- "6. It is further submitted that if it is not satisfied with fixation of the value at Rs.1445/- for the above land, the aggrieved parties should file their representation/application before the Arbitrator within a period of 3 (three) years towards enhancement of compensation against the amount awarded by the Land Acquisition Officer. In this case, the writ petitioner has filed the applications to the Arbitrator within the Stipulated period. Necessary actions are being taken to refer the matter of enhancement of compensation and compensation for trees existed at the time of notification published thereon to the Arbitrator cum District Collector Kancheepuram. In the meantime, the petitioner has moved the Hon'ble Court.
It is submitted that is sufficient time available to the Arbitrator to process the applications and finalize the matter. In the above circumstances writ petitioner may approach the Arbitrator to avail the opportunities towards getting suitable orders with reference to rules and law for enhancement of compensation from the Arbitrator."
3. The Respondents have themselves admitted that the applications for Page No. 3 of 6
enhanced compensation has not been disposed of. Therefore, recording the above statement, the Writ Petition is allowed and the 1st Respondent is directed to dispose of the Petitioner's representation/application in e-file no.101 kpm/ 1733/ 2023 within a period of six (6) months from the date of receipt of a copy of this Order. No costs. 21.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 4 of 6
To
1. The District Collector, The District Collector Office, Kancheepuram - 631 501.
2. The Special District Revenue Officer (I.A), National Highways, Kanchipuram District, Kanchipuram - 631 501.
3. The Zonal Deputy Thasildar (LA), National Highways, Kancheepuram District, Kancheepuram - 631 501.
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P.T.ASHA, J.
rgm 21.11.2024 Page No. 6 of 6