Madras High Court
S.Periyasamy vs Land Acquisition Officer And on 28 February, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.6685 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.6685 of 2025
S.Periyasamy
S/o.Subramaniya Gounder ... Petitioner
Vs.
Land Acquisition Officer and
Special Tahsildar (L.A.),
Salem - Karur Broad Guage Railway Line,
Project, Collectorate,
Namakkal District. ... Respondent
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the respondent
to make a reference under Section 18 of the Land Acquisition Act, 1894,
to the competent civil Court in respect of petitioner's land measuring
0.01.0 Hecs in S.No.25/6, 0.03.5 Hecs in S.No.26/7 and 0.07.0 Hecs in
S.No.26/8 in No.3, Komarapalayam Village, Rasipuram Taluk,
Namakkal District forthwith.
For Petitioner : Mr.P.Jagadeesan
For Respondent : Mr.A.Selvendran
Special Government Pleader
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1/9
Writ Petition No.6685 of 2025
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondent to make a reference under Section 18
of the Land Acquisition Act to the competent civil Court wherein the
petitioner is seeking for enhancement of compensation with respect to
the subject property, which was acquired under the Land Acquisition
Act, 1894.
2. Heard Mr.P.Jagadeesan, learned counsel for the petitioner
and Mr.A.Selvendran, learned Special Government Pleader appearing for
respondent.
3. The lands belonging to the petitioner was acquired for the
purpose of Salem-Karur Broad Guage Railway Line Project. The lands of
the petitioner was acquired along with 11 other persons and award was
also passed in Award No.10-2002. The petitioner appeared during the
award enquiry and agreed to receive the compensation under protest. At
that point of time, one Paramasivam was claiming right of pathway over
the lands that were acquired and hence, the matter was referred under
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Sections 30 and 31(2) of the Land Acquisition Act, 1894. The said
reference was originally numbered as L.A.O.P.No.33 of 2003 and later, it
was renumbered as L.A.O.P.No.204 of 2008 before the Sub Court,
Rasipuram. The respondent also deposited the compensation amount of
Rs.14,780/- that was fixed during the award. While so, the petitioner had
also sent separate applications under Section 18(2) of the Land
Acquisition Act, 1894, along with other land owners. The applications
that were submitted by the other land owners was referred to the
concerned Court, whereas, due to the pending dispute of the petitioner,
his application was not referred to the reference Court. Ultimately, the
reference that was made with respect to the others in L.A.O.P.No.188 to
202 of 2008 was disposed of by the Sub Court, Rasipuram, by judgment
dated 18.09.2018 and the compensation amount was enhanced. Insofar as
the dispute under Sections 30 and 31(2) of the Land Acquisition Act,
1894, is concerned, L.A.O.P.No.204 of 2008 was disposed of on
18.12.2020. Once again, the petitioner made a representation to the
District Collector to refer the matter under Section 18 of the Land
Acquisition Act, 1894, to the competent civil Court. Since the same not
acted upon, the present writ petition has been filed before this Court
seeking for appropriate directions.
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4. It will be relevant to take note of the 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]. The relevant portion is
extracted hereunder:
"24. As already discussed hereinabove, the provisions
of Section 28-A(1) of the 1894 Act have been elaborately
considered by a three Judges Bench of this Court in the case of
Pradeep Kumari and others (supra). In the said case, it has been
held that the Statement of Objects and Reasons of Section 28-A
would reveal that the object underlying the enactment of the said
provision is to remove inequality in the payment of compensation
for same or similar quality of land. It has been held that the said
provision is for giving benefit to inarticulate and poor people not
being able to take advantage of the right of reference to the civil
court under Section 18 of the Act. It has been held that this is
sought to be achieved by providing an opportunity to all
aggrieved parties whose land is covered by the same notification
to seek redetermination once any of them has obtained orders for
payment of higher compensation from the reference court under
Section 18 of the Act. The same benefit would be available to the
other landholders under Section 28-A. It has been held that
Section 28-A being a beneficent legislation enacted in order to
give relief to the inarticulate and poor people, the principle of
interpretation which would be required to be adopted is the one
which advances the policy of the legislation to extend the benefit
rather than a construction which has the effect of curtailing the
benefit conferred by it."
5. It is clear from the above judgment that where the
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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. It was held that Section 28-A of the Land Acquisition Act,
1894, is a beneficial legislation in order to extend the benefit to the
similarly placed persons rather than curtailing the benefit conferred by
the provision on mere technicalities.
6. In the case in hand, the petitioner, had, in fact, received the
award on protest and he had also made an application seeking for
referring the matter to the reference Court. However, since there was a
dispute regarding the existence of a pathway in the land that was
acquired, the dispute was referred under Sections 30 and 31(2) of the
Land Acquisition Act, 1894, in L.A.O.P.No.204 of 2008, which came to
an end only in the year 2020. Therefore, the petitioner's original
application was never acted upon. It is also not in dispute that the
petitioner also falls within the same notification and he also participated
in the same award proceedings along with the other land owners.
Therefore, no useful purpose will be served in making a reference under
Section 18(1) of the Land Acquisition Act, 1894 and the District
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Collector can directly consider the claim made by the petitioner under
Section 28-A of the Land Acquisition Act, 1894.
7. In the light of the above discussion, there shall be a direction
to the petitioner to submit a fresh representation to the District Collector,
Namakkal, seeking for the enhanced compensation under Section 28-A
of the Land Acquisition Act, 1894. On such representation being made, it
shall be considered in line with the observations made in this order and
appropriate orders shall be passed by enhancing the compensation in line
with the order passed in L.A.O.P.Nos.188 to 202 of 2008 dated
18.09.2018. The necessary proceedings shall be issued within a period of
eight (8) weeks from the date of receipt of representation from the
petitioner. A copy of the representation shall also be marked to the
respondent herein.
This writ petition is disposed of with the above direction. No
costs.
28.02.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
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To
1.The Land Acquisition Officer and
Special Tahsildar (L.A.),
Salem - Karur Broad Guage Railway Line,
Project, Collectorate,
Namakkal District.
2.The District Collector,
Namakkal.
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N.ANAND VENKATESH, J
gm
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28.02.2025
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