Disposed

R.Devaraj v. The District Collector

Madras HC13 Oct 2020WP/14665/2020

Case brief

AI extract

What is this about?

Petitioner challenged acquisition of his land and sought alternative land allotment instead of compensation. The court ruled no right to alternative land exists under Land Acquisition Enactments. It directed the Special Thasildar to consider recent representations and pass orders within six weeks, noting an enquiry was already initiated. No costs awarded.

What did the court decide?

Direction to 2nd respondent to consider representation dated 20.02.2018 and pass orders within six weeks. Petitioner directed to submit fresh representation with copies of order.

R.Devaraj Vs The District Collector — Specific Performance | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :13.10.2020

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CORAM

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THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

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W.P.No.14665 of 2020

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R.Devaraj S/o S.V.Ramasamy Reddy ..Petitioner

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Vs.

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1.The District Collector Kancheepuram District

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2.The Special Thasildar (Land Acquisition) SIPCOT, Mannur, Valapuram,Nemili Scheme Near Taluk Office Sriperumbudur

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Kanchipuram District-602106 ..Respondents

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to consider petitioner representation dated on 27.09.2014,20.02.2018 and 08.06.2020 to allot him a land of the same size in the same jurisdiction in lieu of the acquired land.

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For Petitioner : Mr.M.Sheik Sikkandar Batcha For Respondents : Mr.E.Manoharan

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Special Government Pleader

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ORDER

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This writ petition has been filed for the issue of a writ of Mandamus, directing the respondent to consider the representation made by the petitioner, wherein the petitioner is seeking for compensation or allotment of alternative land in lieu of the lands acquired from the petitioner by the respondents.

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Heard Mr.Sheik Sikkander Batcha, learned counsel for the petitioner and Mr.E. Manoharan, learned Spl. Government Pleader for the respondents.

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The relief sought for by the petitioner to the effect that the petitioner must be given alternative land in lieu of

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https://hcservices.ecourts.gov.in/hcservices/

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the lands acquired from the petitioner, is unsustainable and no such right is available to the petitioner under any of the Land Acquisition Enactment. At the best petitioner is only entitled for payment of compensation for the lands acquired from him.

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In view of the above, there shall be a direction to the 2^nd respondent to consider the representation made by the petitioner on 20.02.2018 and pass orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order. In fact, it is seen from the records that the 2^nd respondent has called for an enquiry through notice dated 12.03.2020 for the purpose of fixing the compensation.

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The petitioner is directed to make a fresh representation to the 2^nd respondent along with all relevant documents and also a copy of this order.

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This writ petition is disposed of with the above direction.
No costs.
s/d-
Assistant Registrar(CO)
True Copy
Sub-Assistant Registrar
To
1.The District Collector
Kancheepuram District
2.The Special Thasildar (Land Acquisition)
SIPCOT, Mannur, Valapuram,Nemili Scheme
Near Taluk Office
Sriperumbudur
Kanchipuram District-602106
+1 CC to Mr.K. Krishna,Advocate sr 34012.
W.P.No.14665 of 2020
AJS(CO)
SP(06/11/2020)

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https://hcservices.ecourts.gov.in/hcservices/

R.Devaraj v. The District Collector

Case brief

What is this about?

What did the court decide?

R.Devaraj v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

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