K.Jayakrishnan Vs the District Collector — Land Acquisition | Madras HC (2025)

K.Jayakrishnan Vs the District Collector — Land Acquisition | Madras HC (2025)

What the court decided

AI extract

Outcome

Review allowed: paragraph 6 of the order dated 04.07.2024 in W.P.No.15083 of 2024 corrected to substitute the direction that the District Collector, as contemplated under Section 28-A of the Land Acquisition Act, conduct the enquiry and redetermine the compensation; except these corrections the order remains intact; no costs.

Issue for consideration

Whether paragraph 6 of the order dated 04.07.2024 in W.P.No.15083 of 2024 was wrongly captured as making the District Collector the competent person to make reference, when the petitioners had sought only redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894.

Court's answer

Considering the nature of the provision and the powers vested in the District Collector under Section 28-A of the Land Acquisition Act, paragraph 6 of the order dated 04.07.2024 in W.P.No.15083 of 2024 shall stand corrected to read that the District Collector, as contemplated under Section 28-A of the Land Acquisition Act, is directed to conduct an enquiry after giving notice to all persons interested, give them a reasonable opportunity of being heard, and redetermine the compensation in light of the Hon'ble Supreme Court judgment dated 01.02.2013 in Civil Appeal No.905 of 2013.

Ratio / Principle

Except for the above corrections to paragraph 6, the order dated 04.07.2024 in W.P.No.15083 of 2024 remains intact.

Detailed headnote1 paragraphs

Madras High Court (N. Sathish Kumar, J.) — Rev.Appl.No.112 of 2025, a review petition under Section 114 of the Civil Procedure Code r/w Order 47 Rule 1 seeking correction of the order dated 04.07.2024 in W.P.No.15083 of 2024: Allowed. The petitioners pointed out that they had sought only redetermination of compensation under Section 28-A of the Land Acquisition Act, 1894, but paragraph 6 of the earlier order was wrongly captured as if the District Collector were the competent person to make reference. Considering the powers vested in the District Collector under Section 28-A, the Court directed that paragraph 6 shall instead read that the District Collector, as contemplated under Section 28-A of the Land Acquisition Act, is to conduct an enquiry after giving notice to all persons interested, give them a reasonable opportunity of being heard, and redetermine the compensation in light of the Hon'ble Supreme Court judgment dated 01.02.2013 in Civil Appeal No.905 of 2013. Except these corrections, the earlier order remains intact. No costs.

Rev.Appl.No.112 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

Rev.Appl.No.112 of 2025

1.K.Jayakrishnan 2.K.Sagadevan .. Petitioners Versus

1.The District Collector Erode District Erode

2.The Revenue Divisional Officer Meenakshisundaranar Street Erode, Erode District

3.The Managing Director Tamil Nadu Housing Board CMDA Building E&C Market Road Koyambedu, Chennai – 600 107

4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Sampath Nagar, Erode – 638 011 .. Respondents

Petition is filed under Section 114 of the Civil Procedure Code r/w Order 47 Rule 1 to review the order dated 04.07.2024 passed in W.P.No.15083 of 2024.

For Petitioners : Mr.C.Prakasam For Respondents : Mr.P.Sathish for R1 & R2 Additional Government Pleader Mr.C.Kalaichelvan for R3 & R4

ORDER

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Rev.Appl.No.112 of 2025

This review has been filed to review the order of this Court dated

04.07.2024 in W.P.No.15083 of 2024.

According to the learned counsel for the petitioner for the petitioner, only redetermination has been sought as per Section 28-A of the Land Acquisition Act, 1894, however, in the order, it is wrongly captured as if, the District Collector is the competent person to make reference.

Considering the nature of the provision, particularly, powers vested to the District Collector under Section 28-A of the Land Acquisition Act, paragraph 6 of the order dated 04.07.2024 shall read as follows:

“ The District Collector as contemplated under Section 28-A of the Land Acquisition Act is directed to conduct enquiry after giving notice to all the person interested and give them a reasonable opportunity of being heard and redetermine the compensation in light of the judgment of the Hon'ble Supreme Court dated 01.02.2013 made in Civil Appeal No.905 of 2013.”

Except the above corrections, the order remains intact.

In view of the above, this review stands ordered. No costs.

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Rev.Appl.No.112 of 2025

01.04.2025

Index : Yes/No Internet : Yes/No dhk

To 1.The District Collector Erode District Erode 2.The Revenue Divisional Officer Meenakshisundaranar Street Erode, Erode District

3.The Managing Director Tamil Nadu Housing Board CMDA Building E&C Market Road Koyambedu, Chennai – 600 107

4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Sampath Nagar, Erode – 638 011

N.SATHISH KUMAR, J.

dhk

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Rev.Appl.No.112 of 2025

01.04.2025

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