V.Shanmugavelu, Vs Shri. a.Kulothungan, Ias., and 2 others — Land Acquisition | Madras HC (2026)

V.Shanmugavelu, Vs Shri. a.Kulothungan, Ias., and 2 others — Land Acquisition | Madras HC (2026)

What the court decided

AI extract

Outcome

No relief; the contempt petition is dismissed, with liberty expressly preserved to the petitioner to make any claim in the manner known to law.

Issue for consideration

Whether the letter dated 29.02.2024 issued by the Deputy Collector (Revenue) cum Land Acquisition Officer, Karaikal rejecting the petitioner's claim for 75% additional compensation constitutes willful disobedience of, and contempt of, the order passed in W.A.No. 36 of 2018 dated 07.08.2018. +1 more

Court's answer

The order dated 07.08.2018 disposing of the Writ Appeals required only that an award be passed in terms of Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Ratio / Principle

Invocation of the urgency provisions of Section 17 of the Land Acquisition Act, 1894 prior to the enactment of the 2013 Act does not entitle land owners to claim the 75% compensation under Section 40(5) of the 2013 Act, because that sub-section makes clear that the additional 75% amount is payable only where emergency provisions are invoked under the new Act.

Key takeaways

The letter dated 29.02.2024, by itself, does not constitute contempt of the order of this Court.ratio¶29
The question of non-deposit of the money was not an issue raised in the Writ Appeal; in paragraph No.16 of that order the Bench had only recorded a statement to the effect that the money has been deposited; accordingly there is no ground for issuing a notice of contempt.ratio¶31

Detailed headnote1 paragraphs

Contempt Petition — dismissal — CONT P No. 1052 of 2025 (Madras High Court, S.M. Subramaniam and C. Kumarappan JJ., 05-01-2026). Petitioner sought punishment of Puducherry revenue officials for willful disobedience of the order dated 07.08.2018 in W.A.No. 36 of 2018, alleging that the Deputy Collector (Revenue) cum Land Acquisition Officer, Karaikal's letter dated 29.02.2024 rejecting his claim for 75% additional compensation breached that order. Held: the letter does not constitute contempt — the Writ Appeal order required only passing of an award in terms of Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; invocation of the urgency provisions of Section 17 of the Land Acquisition Act, 1894 prior to enactment of the 2013 Act does not entitle land owners to the 75% compensation under Section 40(5), which is payable only when emergency provisions are invoked under the new Act. On counsel's contention that the stated deposit of Rs.71,47,258/- in Civil Court was never made, the Court observed that deposit was not an issue raised in the Writ Appeal — paragraph 16 thereof merely recorded a statement of deposit — and saw no ground for a contempt notice. Dismissal does not preclude the petitioner from pursuing his claim in the manner known to law.

2026:MHC:120

CONT P No. 1052 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-01-2026

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

CONT P No. 1052 of 2025

V.Shanmugavelu,

Petitioner(s)

Vs

Shri. A.Kulothungan, IAS., Special Secretary (Revenue), DRDM, Government of Puducherry, Chief Secretariat, Puducherry - 605001.

2.Mr. G.Johnson, Deputy Collector (Revenue) -CumLand Acquisition Officer, Karaikal.

3.Mr. Shanmuganandam Tahsildar (Land Acquisition) Government of Puducherry, Karaikal, Karaikal District - 609602.

Contemnor(s)

PRAYER

To punish the respondents for their willful and deliberate disobedience and breach of the order passed by this Court in W.A.No. 36 of 2018 dated 07.08.2018.

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CONT P No. 1052 of 2025

For Petitioner(s): Mr. R.Natarajan

For Contemnor(s): Mr.R.Sreedhar, Additional Government Pleader (Puducherry)

ORDER (Order of the Court was made by S.M.Subramaniam J.)

The grievance of the petitioner is that the Deputy Collector Revenue cum Land Acquisition Officer, Karaikal vide letter dated 29.02.2024 rejected the claim of the petitioner for payment of 75% additional compensation for invoking urgency provisions in view of sub-Section (5) of Section 40 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The said letter by itself would not constitute contempt of the order of this Court. By order dated 07.08.2018 while disposing of the Writ Appeals, this Court has stated that an award in terms of Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 should be passed. The fact that the urgency provision contained in Section 17 of the Land Acquisition Act, 1894 was invoked prior to the enactment of the 2013 Act would not entail the land owners to claim that 75% compensation provided under sub Section (5) of Section 40 of the 2013

Act, in as much as sub-Section (5) makes it very clear that the additional amount of 75% is to be paid only if emergency provisions are invoked under

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CONT P No. 1052 of 2025

new Act. Therefore, we do not think that the letter dated 29.02.2024 would constitute a contempt.

Mr.R.Natarajan, learned counsel appearing for the petitioner would submit that though it is stated that a sum of Rs.71,47,258/- has been deposited in Civil Court, no deposit was made.

That was not the issue raised is the Writ Appeal. In paragraph No.16 of the order, the Bench had only recorded a statement made to the effect that the money has been deposited. Therefore, we do not see any ground for issuing a notice of contempt.

Therefore, the contempt petition is dismissed. This dismissal will not however preclude the petitioner from making any claim in the manner known to law.

(S.M.SUBRAMANIAM J.)(C.KUMARAPPAN J.) 05-01-2026

gd

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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CONT P No. 1052 of 2025

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CONT P No. 1052 of 2025

To

1.Shri. A.Kulothungan, IAS., Special Secretary (Revenue), DRDM, Government of Puducherry, Chief Secretariat, Puducherry - 605001.

2.Mr. G.Johnson, Deputy Collector (Revenue) -CumLand Acquisition Officer, Karaikal.

3.Mr. Shanmuganandam Tahsildar (Land Acquisition) Government of Puducherry, Karaikal, Karaikal District - 609602.

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CONT P No. 1052 of 2025

S.M.SUBRAMANIAM J. AND C.KUMARAPPAN J.

gd

CONT P No. 1052 of 2025

05-01-2026

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