Madras High Court
Amudhavalli vs The District Collector on 8 September, 2022
W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
Amudhavalli ...Petitioner
(In WP.24075/22)
B.Ghousia Begum ...Petitioner
(In WP.24078/22)
Jaya ...Petitioner
(In WP.24079/22)
G.Malliga ...Petitioner
(In WP.24081/22)
Ellammal ...Petitioner
(In WP.24082/22)
Vs.
1.The District Collector,
Kancheepuram District,
Kancheepuram.
2.The Special Tahsildar (LA),
Sipcot, Sripeumbudur Scheme,
Sriperumbudur Taluk,
Kancheepuram District.
3.The Managing Director,
SIPCOT,
No.19-A, Rukmani Lakshmipathi Salai,
Egmore, Chennai-600008. ...Respondents
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W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
(In all W.P's)
Common Order:
Petitions filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus to direct the 1st respondent to pay the enhanced
compensation to the petitioner's land as claimed as per the judgments of the
Hon'ble Supreme Court of India as per Section 28-A(1) of the Land
Acquisition Act-1894, as per the petitioner's representation dated 04.05.2020.
For Petitioners : Mr.G.Karthikeyan
For Respondents : Mr.P.Sathish
Additional Government Pleader
COMMON ORDER
The petitioners have filed this writ petition seeking issuance of Writ of
Mandamus to direct the 1st respondent to pay the enhanced compensation to
the petitioner's land as claimed as per the judgments of the Hon'ble Supreme
Court of India as per Section 28-A(1) of the Land Acquisition Act-1894, as
per the petitioner's representation dated 04.05.2020.
2. The learned Special Government Pleader takes notice for the official
respondent. In view of the consent expressed by the learned counsel
appearing for either side, this petition is taken up for final disposal.
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W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
3. The case of the petitioners is that the petitioner's land was acquired
under the Land Acquisition Act, 1894 and award was passed in Award
No.6/2001 on 16.05.201. All the land owners filed various L.A.O.P's in
L.A.O.P.Nos.12 of 2016 etc, batch on the file of Principal Subordinate Court,
Kancheepuram. The Principal Subordinate Court, Kancheepuram vide its
order dated 03.01.2020 passed order in favour of the petitioner. Immediately,
thereafter, the petitioner made representation under Section 28 A(1) of the
Land Acquisition Act before the 1st respondent, on 04.05.2020, to disburse
the compensation on par with other neighbouring land owners. However, till
date no orders have been passed. Hence, this writ petition is filed with the
aforesaid prayer.
4. The learned counsel for the petitioners submitted that the order was
passed on 03.01.2020, but the petitioner made representation with a delay of
2 months. However, the delay was condoned by the Hon'ble Apex Court in
various cases. It is his further submission that it would suffice, if this Court
issues direction to the 1st respondent to consider the petitioner's representation
dated 04.05.2020 in terms of Section 28 A(1) of the Land Acquisition Act,
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W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
1894 and based on the award passed by the Principal Subordinate Court,
kancheepuram in L.A.O.P.No.12 of 2016, dated 03.01.2020 and pass orders
within a time frame fixed by this Court.
5. Considering the limited request made by the petitioners, this Court is
inclined to direct the 1st respondent to consider the petitioner's representation
dated 04.05.2020 in terms of Section 28 A(1) of the Land Acquisition Act,
1894 and based on the award passed by the Pricinpal Subordinate Court,
Kancheepuram in L.A.O.P.No.12 of 2016 and etc., batch dated 03.01.2020
and pass appropriate orders on merits and in accordance with law, within a
period of twelve weeks from the date of receipt of a copy of this order.
6. Accordingly, these writ petitions are disposed of. No costs.
08.09.2022
Speaking Order : Yes/ No
Index : Yes/ No
psa
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W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
To
1.The District Collector,
Kancheepuram District,
Kancheepuram.
2.The Special Tahsildar (LA),
Sipcot, Sripeumbudur Scheme,
Sriperumbudur Taluk,
Kancheepuram District.
3.The Managing Director,
SIPCOT,
No.19-A, Rukmani Lakshmipathi Salai,
Egmore, Chennai-600008.
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W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022
M.DHANDAPANI,J.
psa W.P.Nos.24075, 24078, 24079, 24081 and 24082 of 2022 08.09.2022 6/6 https://www.mhc.tn.gov.in/judis