Madras High Court
M.Veeraraghavan vs The Land Acquisition Officer Cum ... on 24 September, 2024
W.P. No. 27469 of 2023 and etc., batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P. No.27469, 27470, 27472, 27476, 27478 & 27480 of 2023
In W.P.No.27469 of 2023
M.Veeraraghavan ..Petitioner
Vs.
1. The Land Acquisition Officer cum District Collector
District Collectorate Office,
GST Road, Chengalpattu-603 001.
2. The Divisional Engineer, Highways
GST Road, Opp. To Govt. Medical College Hospital,
Chengalpattu. ...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
for issuance of a Writ of Mandamus, directing the respondents to pay the
petitioner for enhanced compensation with all other benefits in the light of the
decree and judgment dated 20.03.2017 passed by the Honourable Addl.
Subordinate Judge Court, Chengalpattu in LAOP No.23 of 2016 and
conforming the lower court enhanced compensation of Rs.13,500/- per sq.mtrs
as per order of the Honourable High Court of Madras in CRP.No.671 of 2021
dated 04.08.2021 by disposing of my representation letter dated 07.07.2023.
For Petitioner :M/s.J.Ram
1/6
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W.P. No. 27469 of 2023 and etc., batch
For Respondents : Mr.A.Selvendran
Special Government Pleader
COMMON O R D E R
In all these writ petitions, the petitioners seek a direction to 1st
respondent to pay the petitioners' enhanced compensation for the lands
acquired from them as per the judgment and decree dated 20.03.2017 passed in
LAOP.No.23/2016 on the file of Additional Sub-Court, Chengalpattu
determining the enhanced compensation at Rs.13,500/- per Sq.metrs.
2. The land of the petitioners situated at Pooncheri village,
Thirukalukundram Taluk, Kancheepuram District was acquired by the
respondents for the purpose of formation of radial road. The compensation
amount was fixed by the 1st respondent in Award No.13/2013 dated 20.11.2013
by fixing the value of the land at Rs.2,669/- per Sq.m. The another land owner
affected by the same notification sought for enhancement of compensation by
seeking reference under Section 20(1) of Tamil Nadu Highways Act. The
reference Court in LAOP.No.23/2016 enhanced the compensation to
Rs.13,500/- per Sq.meter by judgment and decree dated 20.03.2017. The
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W.P. No. 27469 of 2023 and etc., batch
petitioners applied for the certified copy of the judgment and decree and got
the same on 25.09.2017. Thereafter, they filed an application under Section 28-
A(1) and (2) of Land Acquisition Act before the 1st respondent seeking
enhancement of the compensation in the light of the judgment and decree
passed in LAOP.No.23/2016. It is also pertains to observe that the order passed
by the Land Acquisition Tribunal in LAOP.No.23/2016 was confirmed by this
Court in CRP.No.671 of 2021 by order dated 04.08.2021. The application filed
by the petitioners under Section 28-A seeking re-determination of
compensation in the light of the enhanced compensation granted by the Land
Acquisition Tribunal and confirmed by this Court has not been considered by
the respondents. Hence, the petitioners are before this Court.
3. The 1st respondent filed his counter and submitted that the request of
the petitioners for enhanced compensation will be considered by him only after
the disposal of Special Leave Petition against the order passed by this Court in
revision which will be filed before the Hon'ble Supreme Court of India. The
counter was signed by the 1st respondent on 20.02.2024. Though it is stated in
the counter affidavit that he was taking steps to file Special Leave Petition
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W.P. No. 27469 of 2023 and etc., batch
against the order passed by this Court in CRP.No.671 of 2021, the learned
Special Government Pleader for the respondents is unable to give any details
regarding the alleged filing of Special Leave Petition. Therefore, it appears that
no Special Leave Petition has been filed and the order passed by this Court
confirming the enhanced compensation awarded by the Land Acquisition
Tribunal attained finality. In such circumstances, there may not be any
impediment for the respondent to consider the application filed by the
petitioners under Section 28-A of Land Acquisition Act on its' own merits and
dispose of the same. Therefore, the 1st respondent is directed to consider the
applications filed by the petitioners under Section 28-A of Land Acquisition
Act and dispose of the same on its' own merits in the light of the judgment and
decree passed by the Land Acquisition Tribunal in LAOP.No.23/2016 on the
file of Additional Sub-Court, Chengalpattu as confirmed by this Court in
CRP.No.671 of 2021 and batch case within a period of twelve weeks from the
date of receipt of copy of this order.
4, With the above directions, these writ petitions are disposed of. No
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W.P. No. 27469 of 2023 and etc., batch
costs.
24.09.2024
Index : Yes/No
Neutral Citation : Yes/No
nr
To
1. The Land Acquisition Officer cum District Collector
District Collectorate Office,
GST Road, Chengalpattu-603 001.
2. The Divisional Engineer, Highways
GST Road, Opp. To Govt. Medical College Hospital,
Chengalpattu.
S.SOUNTHAR, J.
nr
https://www.mhc.tn.gov.in/judis
W.P. No. 27469 of 2023 and etc., batch
W.P. No.27469, 27470, 27472, 27476, 27478 & 27480 of 2023
24.09.2024
https://www.mhc.tn.gov.in/judis
