Madras High Court
Yoganathan vs The District Collector on 14 December, 2021
W.P.8867 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.8867 of 2021
Yoganathan .... Petitioner
Vs
1. The District Collector,
District Collector Office,
Erode.
2. The District Revenue Officer,
Erode.
3. The Revenue Divisional Officer,
Erode.
4. The Special Tahsildar (L & A),
Neighbourhood Scheme,
RDO Office,
Brough Road,
Erode.
5. The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam,
Chennai – 600 035.
6. The Executive Engineer,
Administrative Officer,
Erode Housing Unit,
Sampath Nagar, Erode – 638 011. .... Respondents
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.8867 of 2021
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Mandamus, directing the first
respondent to disburse the enhanced compensation at Rs.20/- per sq.ft for
acquiring the petitioner's property in survey No.459/2 to an extent of
0.62.0 hector and survey No.459/4 to an extent of 0.78.0 hector and
totally 1.40.0 hector in Erode District in accordance to the order of this
Court in Review Application No.143 of 2017 dated 28.09.2018 by
considering the petitioner's representation dated 10.12.2020.
For Petitioner : Mr.M.Guruprasad
For R1 to R4 : Mr.G.Ameedius
Government Advocate
For R5 & R6 : Mr.C.Emalias
for Mr.I.Sathish
ORDER
This Writ Petition has been filed for issuance of Writ of
Mandamus, directing the first respondent to disburse the enhanced
compensation at Rs.20/- per sq.ft for acquiring the petitioner's property in
survey No.459/2 to an extent of 0.62.0 hector and survey No.459/4 to an
extent of 0.78.0 hector and totally 1.40.0 hector in Erode District in
accordance to the order of this Court in Review Application No.143 of
2017 dated 28.09.2018 by considering the petitioner's representation
dated 10.12.2020.
https://www.mhc.tn.gov.in/judis
W.P.8867 of 2021
2. Heard, Mr.M.Guruprasad, learned counsel appearing for the
petitioner, Mr.G.Ameedius, learned Government Advocate appearing for
the respondents 1 to 4 and Mr.C.Emalias, learned counsel appearing for
the respondents 5 & 6.
3. The petitioner owned land comprised in survey No.459/2 to an
extent of 0.62.0 hector and survey No.459/4 to an extent of 0.78.0 hector,
totally 1.40.0 hector in Erode District (herein after called the 'subject
property'). The subject property was acquired for making provision of
flats and houses to the public by the fifth respondent under the
Neighbourhood Scheme. The compensation was awarded to the
petitioner at Rs.35,000/- per acre. For enhancement of compensation
award, it was referred in LAOP No.4 of 1996, the compensation was
enhanced to Rs.17/- per sq.ft.
4. Aggrieved by the same, the fourth respondent preferred an
appeal before this Court in A.S.No.994 of 2009 and this Court reduced
the compensation to Rs.8/- per sq.ft., by a Judgment and Decree dated
19.12.2009. Aggrieved by the same, the petitioner preferred Special
https://www.mhc.tn.gov.in/judis
W.P.8867 of 2021
Leave Petition before the Hon'ble Supreme Court of India and the Hon'ble
Supreme Court of India dismissed the Special Leave Petition with liberty
to file a review application before this Court on the ground that the
appeal filed by the fourth respondent was decided without giving an
opportunity to the petitioner. The petitioner filed review application
No.143 of 2017 before this Court and this Court enhanced the
compensation from Rs.8/- per sq.ft to Rs.20/- per sq.ft, by a Judgment
and Decree dated 28.09.2018. Though, the petitioner filed Execution
Petition in E.P.No.29 of 2019 on the file of the II Additional District
Judge, Erode, the petitioner filed this Writ Petition for direction directing
the first respondent to disburse the compensation amount as per the
Judgement and Decree passed in Review Application.
5. A perusal of the counter filed by the third respondent reveals
that as per the calculation memo, the balance compensation amount
pending as on 15.07.2021, is a sum of Rs.64,77,468/-. The said
calculation is based on the Judgement and Decree of the Hon'ble
Supreme Court of India in the case of Gurupreet Singh Vs. Union of
India, as per G.O.401 of Revenue Department dated 12.10.2018.
https://www.mhc.tn.gov.in/judis
W.P.8867 of 2021
6. Considering the above, the fifth respondent is directed to pay
the balance compensation amount as per the Judgement and Decree
passed in Review Application No.143 of 2017 dated 28.09.2018 for the
land comprised in survey No.459/2 to an extent of 0.62.0 hector and
survey No.459/4 to an extent of 0.78.0 hector situated at Erode District,
within a period of eight weeks from the date of receipt of a copy of this
order.
7. With the above direction, the writ petition stands allowed. No
costs.
14.12.2021
Internet : Yes
Index : Yes/No
Lpp
To
1. The District Collector,
District Collector Office,
Erode.
2. The District Revenue Officer,
Erode.
3. The Revenue Divisional Officer,
Erode.
https://www.mhc.tn.gov.in/judis
W.P.8867 of 2021
G.K.ILANTHIRAIYAN, J.
Lpp
4. The Special Tahsildar (L & A),
Neighbourhood Scheme,
RDO Office,
Brough Road,
Erode.
5. The Managing Director,
Tamil Nadu Housing Board,
493, Anna Salai,
Nandanam,
Chennai – 600 035.
6. The Executive Engineer,
Administrative Officer,
Erode Housing Unit,
Sampath Nagar, Erode – 638 011.
W.P.No.8867 of 2021
14.12.2021
https://www.mhc.tn.gov.in/judis
