Madras High Court
Kalanasundaram vs Union Of India on 14 November, 2024
Author: P.T. Asha
Bench: P.T. Asha
W.P.No.33208 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.33208 of 2024
Kalanasundaram ... Petitioner
Vs.
1.Union Of India
Rep. By The Secretary to Government,
Revenue Department Government of Pudicherry,
Puducherry 605 001
2.The District Collector (Revenue)
I-Floor New Revenue Complex,
Vazhudavoor Road Pettaiyanchathiram,
Puducherry 605 009
3.The Deputy Collector (Revenue) South -Cum-
Land Acquisition Officer,
Special Economic Zone,
Villianur, Puducherry 605 001. ...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus, the 2nd respondent / the
district Collector (Revenue) to consider the petitioners representations
dated 11.01.2019 and 18.06.2024 to re-determine the compensation
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.33208 of 2024
awarded to the petitioner to her land R.S. No 14/3 measuring an extent of
0.49.75 Ares Situated at karasur Village Pondicherry in Award No 2/2008
to a sum of Rs 21,261/- per Are, pursuant to the enhanced compensation
award passed in LAOP No 110 of 2012 on the file of II Additional District,
Judge, Puducherry
For Petitioner : M/s.Usha Ramman
For Respondents : M/s.M.Nirmal Kumar, GA (P)
for R.1 to R3
ORDER
The writ petition is filed to direct the 2nd respondent/the District Collector (Revenue) to consider the petitioner's representations dated 11.01.2019 and 18.06.2024 to re-determine the compensation awarded to the petitioner for his land comprised in R.S.No.14/3 measuring an extent of 0.49.75 Ares acquired at Karasur Revenue Village, Puducherry, in Award No.2/2008, to a sum of Rs.21,261/- per Ares, pursuant to the enhanced compensation award passed in LAOP No.110 of 2012, on the file of II Additional District Judge, Puducherry.
2. The petitioner’s land comprised in R.S.No.14/3, measuring an extent of 0.49.75 Ares, situate at Karasur, Puducherry had been acquired for the purpose of setting up of Special Economic Zone. The petitioner 2/6 https://www.mhc.tn.gov.in/judis W.P.No.33208 of 2024 would submit that the Land Acquisition Officer had passed a final award on 25.01.2008. The similarly placed landowners aggrieved by the compensation awarded had preferred a Reference Application under Section 18 of the Land Acquisition Act, seeking enhancement of a higher compensation. The said reference was taken on file as LAOP.No.110 of 2012. By an award dated 01.12.2018, the II Additional District Judge, Puducherry was pleased to enhance the compensation. The petitioner had not filed any application under Section 18 of the Land Acquisition Act to the Land Acquisition Officer or the 2nd respondent. However, the petitioner had submitted an application under Section 28-A of the Land Acquisition Act which was acknowledged by the 3rd respondent on 11.01.2019. However, the said application has not been considered to date. A reminder dated 18.06.2024 has also not yielded the desired result. Therefore, the petitioner is before this Court.
3. Heard the counsels on either side.
4. Considering the fact that within a month of the award being passed by the II Additional District Judge, Puducherry in LAOP.No.110 of 2012, the petitioner has taken out an application under Section 28-A of the Land Acquisition Act and since the same has not been considered to date, a 3/6 https://www.mhc.tn.gov.in/judis W.P.No.33208 of 2024 mandamus is issued to the 2nd respondent to consider the petitioner's representations dated 11.01.2019 and 18.06.2024 and re-determine the compensation awarded to the petitioner, taking into consideration the enhanced compensation awarded in LAOP No.110 of 2012 by the II Additional District Judge, Puducherry. The said exercise shall be completed within a period of 2 months from the date of receipt of a copy of this order. No costs.
5. With the above directions, this Writ Petition is allowed. No costs.
14.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To
1.Union Of India 4/6 https://www.mhc.tn.gov.in/judis W.P.No.33208 of 2024 Rep. By The Secretary to Government, Revenue Department Government of Pudicherry, Puducherry 605 001
2.The District Collector (Revenue) I-Floor New Revenue Complex, Vazhudavoor Road Pettaiyanchathiram, Puducherry 605 009
3.The Deputy Collector (Revenue) South -Cum- Land Acquisition Officer, Special Economic Zone, Villianur, Puducherry 605 001 P.T. ASHA. J., 5/6 https://www.mhc.tn.gov.in/judis W.P.No.33208 of 2024 (shr) W.P.No.33208 of 2024 14.11.2024 (2/4) 6/6 https://www.mhc.tn.gov.in/judis