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2016 Supreme(Mad) 1924

T.S.SIVAGNANAM
V. Ramalingam – Appellant
Versus
Government of Puducherry – Respondent


Advocates Appeared:
For the Appellant :R. Venkatachalapathy for S. Kadarkarai, Advocate.
For the Respondent:A. Tamilvanan, Government Advocate.

JUDGMENT :

T.S. Sivagnanam, J.

1. Heard Mr. R. Venkatachalapathy, learned Counsel appearing for the Petitioner and Mr. A. Tamilvanan, learned Government Advocate (Puducherry) appearing for the Respondents and with their consent, the Writ Petition is taken up for Final Disposal. The Petitioners seek for issuance of a Writ of Mandamus to direct the Respondents to refer the demand made by them in the Representation dated 18.2.2013, for enhancement of Compensation under Section 18 of the Land Acquisition Act, seeking reference, with respect to their properties acquired under the Award No. 2/2008 dated 25.1.2008.

2. The facts regarding the Acquisition proceedings are not in dispute. The Respondents invoked the power under Section 17 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'), dispensed with the Enquiry to be conducted under Section 5-A of the Act and issued the declaration under Section 6 of the Act. Since Section 17(3-A) of the Act provides that before taking possession of any land under sub-section (1) or (2) of Section 17, the Collector shall, without prejudice to the provisions of sub-section (3) of Section 17, tender payment of 80% of the Compensation for















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