L.Parthiban v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.28380 of 2023 and W.M.P. Nos.27928 of 2023 L.Parthiban ... Petitioner Vs.

1. The District Collector Chengalpattu District Chengalpattu

2. The Special District Revenue Officer (L.A), Chennai-Kanyakumari Industrial Connectivity Corridor Scheme, Kancheepuram ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of writ of mandamus directing the respondents to consider the petitioner's representation dated 21.08.2023 and also direct them to enhance amount of compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the petitioner's lands measuring 00023 Sq. mts comprised in Punjai Old Survey No.835/B/36/P, New Survey No.1235/7B, situated in No.37/20, Kancheepuram High Road, Athur Village, Chengalpattu Taluk acquired by the respondents by fixing Government Guideline value prevailing in that area and to pay the same to the petitioner.

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For Petitioner : Mr.C.Prabakaran For Respondents : Mr.P.Gurunathan Additional Government Pleader

ORDER

This Writ Petition is filed for a direction to the respondents to consider the petitioner's representation dated 21.08.2023 and also direct them to enhance the amount of compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the petitioner's lands measuring 00023 Sq. mts comprised in Punjai Old Survey No.835/B/36/P, New Survey No.1235/7B, situated in No.37/20, Kancheepuram High Road, Athur Village, Chengalpattu Taluk, acquired by the respondents, by fixing Government Guideline value prevailing in that area and to pay the same to the petitioner.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and perused the records. 2/4

3. The learned Additional Government Pleader appearing for the respondents submitted that since the authority has already passed the award, the same has to be referred to the appellate authority.

4. The respondents are directed to refer the issue to the appellate authority immediately without any further delay within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same and if it is otherwise in order, the appellate authority shall take it on file and dispose of the same on merits and in accordance with law within a period of two months thereafter. It is made clear that no extension time will be entertained.

5. With the above directions, the writ petition is disposed of at the admission stage itself. Consequently connected Miscellaneous Petition is closed. However, there shall be no order as to costs. 03.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/4

P.VELMURUGAN. J.

ksa-2 To

1. The District Collector Chengalpattu District Chengalpattu

2. The Special District Revenue Officer (L.A), Chennai-Kanyakumari Industrial Connectivity Corridor Scheme, Kancheepuram 03.10.2023 4/4