Madras High Court
R.Lakshmi vs The Government Of Puducherry on 22 April, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.13585 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.13585 of 2025
R.Lakshmi
W/o.Ramamurthy
Petitioner
Vs
1. The Government of Puducherry,
Rep By Its Chief Secretary,
Puducherry 605 001.
2.The Deputy Collector (Revenue)
I Floor, New Revenue Complex,
Vazhudavoor Road, Pettaiyanchathiram,
Puducherry 605 009.
3.The Deputy Collector (Revenue) South
cum Land Acquisition Officer,
Villianur, Puducherry 605 001.
4.The Managing Director,
Pondicherry Industrial Promotion
Development And Investment
Corporation (PIPDIC),
No.60, Romain Rolland Street,
White Town, Puducherry - 605 001.
Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the 2nd
respondent to re-determine the compensation awarded to the petitioner's
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/04/2025 07:25:36 pm )
Writ Petition No.13585 of 2025
lands acquired at Karasur Revenue village in Award No.2/2008 to a sum
of Rs.21,261/- per Are based on the application under section 28A of the
Land Acquisition Act 1894 dated 22.03.2019 and the representation
dated 07.06.2024 pursuant to the enhanced compensation award passed
in LAOP No.110 of 2012 on the file of II Additional District Judge,
Puducherry.
For Petitioner : Mr.V.Rajesh Babu
For Respondents : Mr.A.Tamilvanan
Additional Government Pleader (P)
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the second respondent to act upon the application
submitted by the petitioner on 22.03.2019 under Section 28-A of the
Land Acquisition Act, 1894 and to re-determine the compensation based
on the enhancement of compensation made in L.A.O.P.No.110 of 2012
by the II Additional District Judge, Puducherry.
2. Heard Mr.V.Rajesh Babu, learned counsel for petitioner and
Mr.A.Tamilvanan, learned Additional Government Pleader (P) appearing
for respondents.
3. The land belonging to the petitioner was acquired for setting
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/04/2025 07:25:36 pm )
Writ Petition No.13585 of 2025
up a Special Economic Zone. The urgency clause was invoked. 80% of
the compensation was paid in advance as per the mandate under Section
17(3A) of the Land Acquisition Act. Thereafter, an award was passed in
Award No.2 of 2008 on 25.01.2008. Not being satisfied with the
quantum of compensation awarded, some of the land owners preferred an
application under Section 18 of the Land Acquisition Act and the matter
was referred to the II Additional District Judge, Puducherry. By an order
dated 01.12.2018, the compensation amount was enhanced. In view of
the same, the petitioner submitted an application before the second
respondent under Section 28-A of the Land Acquisition Act seeking for
enhancement of compensation. Since the same was not acted upon, the
present writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the
case and considering the fact that the petitioner also falls within the same
acquisition proceedings and the compensation has been enhanced for the
other land owners and taking note of the latest judgment of the Apex
Court in Banwari and others v. Haryana State Industrial and
Infrastructure Development Corporation Limited and another [Civil
Appeal No.13348 of 2024, dated 10.12.2024] wherein the Apex Court
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/04/2025 07:25:36 pm )
Writ Petition No.13585 of 2025
has held that where the compensation is enhanced for other land owners
on the reference made under Section 18(1) of the Land Acquisition Act,
1894, the same has to enure in favour of the other land owners, who are
covered under the same notification, there shall be a direction to the first
respondent to deal with the application made by the petitioner on
22.03.2019 and appropriate orders shall be passed within a period of
eight (8) weeks from the date of receipt of a copy of this order.
This writ petition is disposed of with the above direction. No costs.
22.04.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/04/2025 07:25:36 pm )
Writ Petition No.13585 of 2025
To
1.The Chief Secretary,
Government of Puducherry,
Puducherry 605 001.
2.The Deputy Collector (Revenue)
I Floor, New Revenue Complex,
Vazhudavoor Road, Pettaiyanchathiram,
Puducherry 605 009.
3.The Deputy Collector (Revenue) South cum Land Acquisition Officer,
Villianur, Puducherry 605 001.
4.The Managing Director,
Pondicherry Industrial Promotion Development And Investment
Corporation (PIPDIC),
No.60, Romain Rolland Street,
White Town, Puducherry - 605 001.
N.ANAND VENKATESH, J
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/04/2025 07:25:36 pm )
Writ Petition No.13585 of 2025
gm
Writ Petition No.13585 of 2025
22.04.2025
(2/6)
https://www.mhc.tn.gov.in/judis ( Uploaded on: 23/04/2025 07:25:36 pm )
