Madras High CourtWP/29218/2018disposed of

M.Ahamed v. The District Collector

2018-11-02Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 29218 of 2018 M.Ahamed ... Petitioner Vs 1.The District Collector, Erode District, Erode.

2.The Revenue Divisional Officer, (Land Acquisition), O/o. Revenue Divisional Office, Brough Road, Erode-1.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue appropriate Writs, orders or Directions and in particular issue a Writ of Mandamus, directing the 1st respondent to pass orders on the basis of the enquiry conducted under Sec.28(A) of Land Acquisition Act on 17.03.2017 by taking note of compensation fixed in L.A.O.P. No.3 of 2014 dated 12.04.2014 and fix the compensation as per order passed in National Mega Lok Adalath in Case No.254 of 2014 on the file of the Sub-Court, Erode.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Elumalai, Government Pleader

O R D E R

This writ petition has been filed seeking for a direction to the 1st respondent to consider the petitioner's application under Sec.28-A of the Land Acquisition Act (hereinafter called as 'Act').

2. The grievance of the petitioner is that the petitioner's lands were acquired and an award was also passed. Subsequently, the neighbouring landowner has filed a petition seeking for a reference and on that application, the compensation was enhanced. Based on which, the petitioner has filed an application under Sec.28A of the Act, before the 1st respondent https://hcservices.ecourts.gov.in/hcservices/

and the 1st respondent has also conducted enquiry on 13.03.2017. But, so far, no order has been passed. Hence, the present Writ Petition has been filed by the petitioner.

3. Considering the fact that the enquiry was already commenced, the 1st respondent is directed to pass final order on the application filed by the petitioner under Sec.28A of the Act within a period of six weeks from the date of receipt of the copy of this order.

4. In the result, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, (Land Acquisition), O/o. Revenue Divisional Office, Brough Road, Erode-1.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.76359 +1cc to the Government Pleader, S.R.No.76440 W.P. 29218 of 2018 rrs 12/11/2018 https://hcservices.ecourts.gov.in/hcservices/