Madras High Court
M. Ravikumar vs The District Collector on 13 February, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No. 18690 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No. 18690 of 2021
M. Ravikumar ... Petitioner
vs
1. The District Collector,
Office of the Collector,
Thiruvallur District.
2. The State of Tamil Nadu,
Represented by Secretary to Government,
Industries Department,
Fort St. George,
Chennai 600 009.
3. The Special Tahsildhar (LA)
Aromatic (Complex) Project,
Saidapet, Chennai 600 015.
5. The Tahsildar,
Office of the Tahsildhar,
Madhavaram, Madhavaram Taluk,
Chennai 600 060 ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ, order or direction in the nature of Writ of
Mandamus to direct the 1st respondent to consider the representation of
the petitioner dated 04/03/2021 to fix the compensation under Section
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1/6
W.P.No. 18690 of 2021
28A of the Land Acquisition Act in respect of the survey numbers at
176/1 A1, 176/3 A1, 87/1A, 87/1B, 92/1, 92/2A, 92/2, 147/1C, 147/4 and
174/2 in consonance with the value of compensation fixed for survey
number 91/1C in Mathur Village, Madavaram Taluk, Thiruvallur District
within the time frame fixed by this Hon'ble Court.
For Petitioner : Mr. G. Surya Narayanan
For Respondents : Mr. M.R.Gokul Krishnan
Additional Government Pleader
ORDER
This Writ Petition has been filed for the issue of Writ of
Mandamus directing the first respondent to consider the representation
made by the petitioner on 04.03.2021 wherein the petitioner is seeking
for enhancement of compensation under Section 28A of the Land
Acquisition Act, 1894 (herein after referred to as the "Act") with respect
to the subject properties based on the compensation that was enhanced
for the other owners in the LAOP proceedings, which was subsequently
confirmed in an appeal.
2. Heard Mr. G. Surya Narayanan, learned counsel for the
petitioner and Mr. M.R.Gokul Krishnan, learned Additional Government
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Pleader for the respondents.
3. The lands belonging to the petitioner was acquired and the
petitioner originally had a grievance that no notice was given to the
petitioner right through. In view of the same, the petitioner was not even
aware about the passing of the Award and there was no occasion for the
petitioner to seek for a reference before the Court. Ultimately, the
petitioner came to know about the enhancement of compensation given
by the reference court, which was confirmed in the appeal. In view of
the same, the petitioner has sought for enhancement of compensation
under Section 28A of the Act.
4. It will be relevant to take note of the judgment of the Hon'ble
Apex Court in Narendra and Ors. Vs. The State of Uttar Pradesh and
Ors reported in (2017) 9 SCC 426, wherein it has been held that where
the compensation amount has been enhanced for the adjacent owners,
even without making an application, the said benefit has to be given to
all the other owners who fall within the same acquisition.
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5. In view of the above, there shall be a direction to the first
respondent to deal with the representation made by the petitioner on
04.03.2021 and pass final orders within a period of three months from
the date of receipt of a copy of this order.
6. This Writ Petition is disposed of with the above directions. No
costs.
13.02.2025
Internet : Yes / No
Index: Yes / No
Speaking order / Non speaking order
Bga
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To
1. The District Collector,
Office of the Collector,
Thiruvallur District.
2. The State of Tamil Nadu,
Represented by Secretary to Government,
Industries Department,
Fort St. George,
Chennai 600 009.
3. The Special Tahsildhar (LA)
Aromatic (Complex) Project,
Saidapet, Chennai 600 015.
5. The Tahsildar,
Office of the Tahsildhar,
Madhavaram, Madhavaram Taluk,
Chennai 600 060
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N. ANAND VENKATESH, J.
bga
13.02.2025
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