Madras High Court
S.Sudheera vs The Land Acquisition Officer Cum ... on 1 August, 2024
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
WP.Nos.21294 & 21298 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.Nos.21294 & 21298 of 2024
S.Sudheera .. Petitioner in W.P.No.21294 of 2024
1. Yaseva @ Lawrence Vincent
2. Frederick Vincent
3. Pamela Joseph .. Petitioners in W.P.No.21298 of 2024
Versus
1. The Land Acquisition Officer cum District Collector,
Chengalpet, District Collectorate Office,
GST Road, Chengalpet – 603 001.
2. The Divisional Engineer, Highways,
Maintenance & Construction, GST Road,
Opp. to Govt. Medical College Hospital,
Chengalpet. .. Respondents in both WPs
Common Prayer: Writ Petitions filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus directing the respondents to pay the
enhanced compensation to the writ petitioners with all other benefits in the
light of the decree and judgment dated 30.09.2021 passed by the Additional
Subordinate Judge Court Chengalpet in LAOP No.3 of 2019 by disposing of
the writ petitioners representation letter dated 30.04.2024 and 09.08.2023
respectively and conforming the lower court enhanced compensation of
Rs.10,000/- per sq.mtrs as per order of the this Court in CRP No.2215 of 2022
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WP.Nos.21294 & 21298 of 2024
dated 16.09.2022 by disposing of petitioners' representation letter dated
30.04.2024 and 09.08.2023 respectively.
For Petitioners : Mr.J.Ram [both WPs]
For Respondents : Mr.G.Ameedius
Government Advocate – [both WPs]
COMMON ORDER
With the consent of both sides, these Writ Petitions are taken up for final
disposal at the admission stage itself.
2. These writ petitions are filed to direct the respondents to pay the
enhanced compensation to the writ petitioners with all other benefits in the
light of the decree and judgment dated 30.09.2021 passed by the Additional
Subordinate Judge Court Chengalpet in LAOP No.3 of 2019 by disposing of
the writ petitioners representation letter dated 30.04.2024 and 09.08.2023
respectively and conforming the lower court enhanced compensation of
Rs.10,000/- per sq.mtrs as per order of the this Court in CRP No.2215 of 2022
dated 16.09.2022 by disposing of petitioners' representation letter dated
30.04.2024 and 09.08.2023 respectively.
3. Heard learned counsel for the petitioners and the learned Government
https://www.mhc.tn.gov.in/judis
WP.Nos.21294 & 21298 of 2024
Advocate appearing for the respondents and perused the materials available on
record.
4. It is the grievance of the writ petitioners that the lands of the
petitioners have been acquired by the Government for the purpose of formation
of radial road and awarded compensation and the petitioners ahd received the
compensation under protest. In this regard, the petitioners have given
representations for referring the matter to the Tribunal for enhancement of
compensation. Whereas, for the adjacent land owners, whose lands have been
acquired, have been referred to Land Acquisition Tribunal and they have been
granted enhanced compensation. The revision filed as against the Order of the
Tribunal has also been dismissed confirming the enhancement made by the
Tribunal. Therefore, once again petitioners have given representations on
30.04.2024 and 09.08.2023 and the same have not been considered by the
respondents. Hence, the present writ petitions.
5. Considering the fact that the District Collector has to make reference
under section 28 [A] [1] and [2] of Land Acquisition Act, the respondents are
directed to refer the matter to the tribunal for enhancement of compensation
with all other benefits as per Land Acquisition Act and in the light of the decree
https://www.mhc.tn.gov.in/judis
WP.Nos.21294 & 21298 of 2024
and judgment dated 30.09.2021 passed by the learned Additional Subordinate
Judge, Chengalpet in LAOP No.3 of 2019 and as per the Order of this Court in
CRP.No.2215 of 2022 dated 16.09.2022 and dispose of the representation of
the petitioners dated 30.04.2024 and 09.08.2023 respectively.
6. With the above direction, these writ petitions are disposed of. No
costs.
01.08.2024
vrc
Index :Yes/No
Internet :Yes/No
Neutral Citation : Yes/No
To,
1. The Land Acquisition Officer cum District Collector,
Chengalpet, District Collectorate Office,
GST Road, Chengalpet – 603 001.
2. The Divisional Engineer, Highways,
Maintenance & Construction, GST Road,
Opp. to Govt. Medical College Hospital,
Chengalpet.
https://www.mhc.tn.gov.in/judis
WP.Nos.21294 & 21298 of 2024
N. SATHISH KUMAR, J.
vrc
W.P.Nos.21294 & 21298 of 2024
01.08.2024
https://www.mhc.tn.gov.in/judis
