The High Court of Madras directed the District Collector to consider the petitioner's representation dated 17.12.2012 regarding enhanced compensation for acquired land, in light of a Supreme Court order, and pass orders within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
WP.No.3470 of 2019
Karuppayyammal ...
Petitioner
Vs
1. The District Collector
Erode District
Erode- 11.
2. The District Revenue Officer
Erode
Erode District
3. The Revenue Divisional Officer
Brough Road
Erode
Erode District
4. The Special Tahsildar
Land Acquisition,
Neighbourhood Scheme
Brough Road
Erode -1.
5. The Executive Officer/
Administrative Officer
Erode Housing Board
Surampatti Nall Road
Erode – 638 009 ...
Respondents
Prayer: This Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents to fix the enhanced compensation for the petitioner's land situated in S.Nos. 455/2, 455/3 and 455/4 Erode C Village, Erode Taluk & District to the extent of 0.36.0 hectare in S. No. 455/2 and 0.44.0 hectare in S.No. 455/3 and another extent of 0.40.0 hectare in S.No.455/4 for 1/3rd share by taking note of the order passed in Special Leave to Appeal (Civil) No.867-868/2012 dated 05.07.2013 by disposing the written representation made by the petitioner on 17.12.2018
within a stipulated time as this Hon'ble Court fixes and pass such further orders.
For Petitioner : Mr. C. Prakasam For Respondents : Mr. C. Thirumaran, Spl. Government Pleader for R1
to R4
Mr. R.V. Babu for R5
O R D E R
The prayer in the Writ Petition is to direct the respondents to fix an enhanced compensation for the petitioner's land situated in S.Nos. 455/2, 455/3 and 455/4 Erode C Village, Erode Taluk & District to the extent of 0.36.0 hectare in S. No. 455/2 and 0.44.0 hectare in S.No. 455/3 and another extent of 0.40.0 hectare in S.No.455/4 for 1/3rd share, by taking note of the order passed in Special Leave to Appeal (Civil) No.867868/2012 dated 05.07.2013.
notice for the respondents 1 to 4 and submitted that the 1st respondent is the competent authority to consider the representation of the petitioner, whether the petitioner is entitled or not, in the light of the judgement of the Hon'ble Supreme Court.
WP.No.3470 of 2019
RSI(CO)
SP(08/03/2019)
3 issues framed by the court
Whether to direct the respondent authority to consider the petitioner's representation regarding enhanced compensation for acquired land.
Whether the writ petition should be disposed of at the admission stage without expressing an opinion on merits.
Whether the direction passed is in accordance with the Supreme Court order regarding extended benefits to similarly placed land owners.
Colour shows how this judgement treated each authority
Special Leave to Appeal (Civil) No.867-868/2012Referred¶15
Karuppayyammal
The District Collector
D. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
