The petitioner sought a writ of mandamus to refer her land acquisition compensation matter to the Civil Court under Section 8(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, claiming the agreed amount was insufficient.
Petition dismissed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.02.2018
Coram: The Honourable Mr. Justice N. SESHASAYEE
W.P.No.11703 of 2017
Asma Fathima
...Petitioner
Versus
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to refer the petitioner's claim dated 05.04.2016, 07.04.2017 for enhancement of compensation accumulating the penal interest in respect of the property at Survey No.44/2, Pallanallur Village, Sriperumbudur Taluk, Kancheepuram District to the appropriate Civil Court under Section 8(1) of the Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 and also take necessary action against Special Tahsildar Unit – 4, SIPCOT, Sriperumbudur namely Rani.
For Petitioner : Mr.G.Mohammed Aseef For Respondents : Mr. M. Karthikeyan, Additional Government Pleader ORDER
The present petition is filed seeking a Writ of Mandamus to direct the respondents to refer the matter to the Civil Court under Section 8(1) of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (hereinafter referred to as “Act”). The brief facts are that the petitioner owned a plot of land measuring to an extent of 2,400 Sq.ft situated in Pallanallur Village, Sriperumbudur Taluk, Kancheepuram District, and that he has purchased the aforesaid land in 1986, and the
same was sought to be acquired by the Government under the provisions of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. According to the third respondent/Special Tahsildar, compensation payable was quantified at Rs.190/- per Sq.ft., and a cheque for Rs.4,56,000/- dated 13.11.2014 was also issued. As this amount does not represent the market value of the property, the petitioner seeks the Authority to refer the matter to the Civil Court in terms of Section 8 of the said Act.
2 issues framed by the court
Whether a reference to the civil court under Section 8(1) of the Act is maintainable when compensation is determined by a consensual agreement under Section 7(2) of the Act.
Whether the dispute regarding the genuineness of the petitioner's signature on the agreement can be adjudicated in this writ proceeding.
4 provisions across 3 enactments
Asma Fathima
The Chief Secretary, Secretariat, St.George Fort, Chennai
The District Collector, Kancheepuram District
The Tahsildar, Unit – I, SIPCOT, Sriperumbudur Expansion Scheme, Sriperumbudur
N. SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
