Madras High Court
Vijayalakshmi vs The Revenue Divisional Officer on 22 September, 2021
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
and M.P.No.1 of 2010
W.P.No.526 of 2010:
Vijayalakshmi ... Petitioner
Vs
The Revenue Divisional Officer,
Cuddalore. ... Respondent
W.P.No.13384 of 2010:
Vijayalakshmi ... Petitioner
Vs
The Revenue Divisional Officer,
Cuddalore. ... Respondent
W.P.No.17061 of 2010:
R.Muthukonda ... Petitioner
Vs
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
1. The Collector,
Cuddalore District,
Cuddalore – 607 001.
2. The District Revenue Officer,
Cuddalore 607 001.
3. The Revenue Divisional Officer,
Land Acquisition Officer,
Cuddalore. ... Respondents
W.P.No.23239 of 2015:
Vijayalakshmi ... Petitioner
Vs
The Revenue Divisional Officer,
Cuddalore ... Respondent
W.P.No.31799 of 2015:
R. Muthukonda ... Petitioner
Vs
1. The Collector,
Cuddalore District,
Cuddalore 607 001.
2. The District Revenue Officer,
Cuddalore 607 001.
3. The Revenue Divisional Officer,
Land Acquisition Officer,
Cuddalore. ... Respondents
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
Prayer in W.P.No.526 of 2010: Writ Petition has been filed under Article
226 of the Constitution of India, to issue a Writ of MANDAMUS directing
the respondent to refer the proceedings in Award No.1 of 2001 dated
03.01.2001 passed by the respondent to the competent Civil Court having
jurisdiction over land acquisition matters (Principal Sub-Judge, Cuddalore) to
fix compensation for the property bearing T.S.No. 1497/1 1206 square feet
and 1400 square feet in Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk,
Cuddalore District.
Prayer in W.P.No.13384 of 2010: Writ petition has been filed under Article
226 of the Constitution of India, to issue a Writ of CERTIORARIFIED
MANDAMUS, calling for the records and quash the order passed by the
respondent in his A1-9731-2004 dated 18.01.2004 and consequently direct
the respondent to pay petitioner compensation at the rate finally decided in
L.A.O.P.155 of 2001 on the file of the Sub Court, Cuddalore, for the
properties measuring 1206 sq.ft and 1400 sq.ft. In T.S.No.1497 in
Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk, Cuddalore District.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
Prayer in W.P.No.17061 of 2010: Writ petition has been filed under Article
226 of the Constitution of India, to issue a Writ of MANDAMUS directing
the respondents to refer Award No.1 of 2001 dated 03.01.2001 in so far as the
property of petitioner in T.S.No.1784/1A1B of extents 646 sq.ft. and 1469
sq.ft. in Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk, Cuddalore District.
Prayer in W.P.No.23239 of 2015: Writ petition has been filed under Article
226 of the Constitution of India, to issue a Writ of CERTIORARI, to call for
the records and quash the acquisition of property bearing T.S.No.1497/1 1206
sq.ft. in Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk, Cuddalore District,
under Award No.1 of 2001 dated 03.01.2001 and another 1400 sq.ft. in the
same survey number as having lapsed under the Right to Fair Compensation
and Transparency in Land Acquisition an Resettlement Act, 2013 (Act
30/2013).
Prayer in W.P.No.31799 of 2015: Writ petition has been filed under Article
226 of the Constitution of India, to issue a Writ of Declaration declaring that
the Award No.1/2001 dated 03.01.2001 in respect of T.S.No.1784/1A1B, 646
Sq.ft., and 1469 Sq.ft., in Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk,
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
Cuddalore District, as having lapsed under the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation and Resettlement Act,
2013 (Act 30/2013).
For Petitioner : Mr. D.Baskar
in all W.P.s
For Respondents : Mr. M.R. Gokul Krishnan,
in all W.P.s Government Advocate
**********
COMMON ORDER
The W.P.No.526 of 2010 is filed to issue a Writ of Mandamus
directing the respondent to refer the proceedings in Award No.1 of 2001
dated 03.01.2001 passed by the respondent to the competent Civil Court
having jurisdiction over land acquisition matters (Principal Sub-Judge,
Cuddalore) to fix compensation for the property bearing T.S.No. 1497/1 1206
square feet and 1400 square feet in Thiruppadiripuliyur, Cuddalore,
Cuddalore Taluk, Cuddalore District.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
2. The W.P.No.13384 of 2010 is filed to issue a Writ of
Certiorarified Mandamus, calling for the records and quash the order passed
by the respondent in his A1-9731-2004 dated 18.01.2004 and consequently
direct the respondent to pay petitioner compensation at the rate finally
decided in L.A.O.P.155 of 2001 on the file of the Sub Court, Cuddalore, for
the properties measuring 1206 sq.ft and 1400 sq.ft. In T.S.No.1497 in
Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk, Cuddalore District.
3. The W.P.No.17061 of 2010 is filed to issue a Writ of Mandamus
directing the respondents to refer Award No.1 of 2001 dated 03.01.2001 in so
far as the property of petitioner in T.S.No.1784/1A1B of extents 646 sq.ft.
and 1469 sq.ft. in Thiruppadiripuliyur, Cuddalore, Cuddalore Taluk,
Cuddalore District.
4. The W.P.No.23239 of 2015 is filed to issue a Writ of Certiorari,
to call for the records and quash the acquisition of property bearing
T.S.No.1497/1 1206 sq.ft. in Thiruppadiripuliyur, Cuddalore, Cuddalore
Taluk, Cuddalore District, under Award No.1 of 2001 dated 03.01.2001 and
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
another 1400 sq.ft. in the same survey number as having lapsed under the
Right to Fair Compensation and Transparency in Land Acquisition an
Resettlement Act, 2013 (Act 30/2013).
5. The W.P.No.31799 of 2015 is filed to issue a Writ of Declaration
declaring that the Award No.1/2001 dated 03.01.2001 in respect of
T.S.No.1784/1A1B, 646 Sq.ft., and 1469 Sq.ft., in Thiruppadiripuliyur,
Cuddalore, Cuddalore Taluk, Cuddalore District, as having lapsed under the
Right to Fair Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 (Act 30/2013).
6. The case of the petitioners is that their respective land comprised
in Thiruppadiripuliyur, Cuddalore Town were acquired for the purpose of
construction of the over bridge. The acquisition was notified in the Tamil
Nadu Government Gazette Notification under G.O.No.(Nilai) 16 , Highways
Department dated 01.02.2000. It was published in the Daily Thanthi dated
06.02.2000.
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
7. Accordingly, the land belongs to the petitioners were acquired
and an award has been passed at Rs.40/- per square feet in Award No.1 of
2001 dated 03.01.2001 and compensation was fixed at Rs.42.50/- per square
feet.
8. Though, some of the land owners filed objections and referred
before the Referral Court in L.A.O.P.No.155 of 2001 dated 28.04.2006 and
the compensation has been increased at Rs.490/- per square feet. The
petitioners did not raise any objections for the fixation of value in so far as
their property are concerned, not referred before the Referral Court.
However, the Judgment and Decree passed in L.A.O.P.No.155 of 2001 is
under appeal before this Court in A.S.No.462 of 2007 and it is pending.
Therefore, the petitioner in W.P.Nos.526 of 2010 and 17061 of 2010
submitted representation before the Revenue Divisional Officer, Cuddalore,
requested to calculate the compensation as determined by the Referral Court.
9. In W.P.No.13384 of 2010, the petitioner's request was rejected by
the impugned order dated 18.01.2010 for the reason that the petitioner made
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
representation under Section 28(A) of the Land Acquisition Act,1894, after a
period of three months from the date of Judgment. However, now the
Judgment and Decree passed in L.A.O.P.No.155 of 2001 is under challenge in
the appeal suit in A.S.No.462 of 2007. Therefore, the Revenue Divisional
Officer, Cuddalore is directed to consider the representations of the
petitioners claiming enhancement of compensation for their respective land
which were acquired for the purpose of construction of over bridge subject to
the result of the appeal suit in A.S.No.462 of 2007 on the file of this Court
under Section 28(A) of the Land Acquisition Act,1894 and pay the
compensation accordingly.
10. Accordingly, all the writ petitions are disposed of. No order as
to costs. Consequently, the connected miscellaneous petition is closed.
22.09.2021
Index:Yes/No
Speaking Order: Yes/No
rna/rgi
https://www.mhc.tn.gov.in/judis/
W.P.Nos.526, 13384, 17061of 2010, 23239, 31799 of 2015
G.K.ILANTHIRAIYAN,J.
rgi
To
1. The Revenue Divisional Officer,
Cuddalore.
2. The Collector,
Cuddalore District,
Cuddalore – 607 001.
3. The District Revenue Officer,
Cuddalore 607 001.
W.P.Nos.526, 13384, 17061of 2010,
23239, 31799 of 2015
and M.P.No.1 of 2010
22.09.2021
https://www.mhc.tn.gov.in/judis/
