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2026 Supreme(Online)(Mad) 5176
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
Rajendiran – Appellant
Versus
union of india – Respondent
WP No. 1504 of 2026
For the Appellants/Petitioners: D.E.Anisree Sangavi
For the Respondents: V.Vasanthakumar
Entitlement to enhanced compensation under Section 28A of the Land Acquisition Act, 1894, when other lands under the same notification received higher compensation through court awards.
Headnote:The case pertains to the Land Acquisition Act, 1894, specifically Section 28A. The petitioners' land was acquired, and they sought re-determination of compensation after learning that enhanced compensation was awarded to other landowners under the same notification pursuant to an order in LAOP No.110 of 2012. The petitioners filed representations for the disbursement of such enhanced compensation. The primary issue is whether the petitioners are entitled to enhanced compensation under Section 28A of the Land Acquisition Act, 1894. The court observed the submission of the government pleader that funds had been requested from the requisitioning department for the purpose of disbursing the enhanced compensation. This writ petition is disposed of by directing the second respondent to take necessary measures for the disbursement of enhanced compensation to the petitioners in terms of Section 28A of the Land Acquisition Act, 1894 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
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| 1. disbursement of enhanced compensation under section 28a of the land acquisition act, 1894. (Para 1 , 2 , 3) |
Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 2nd respondent / The District Collector (Revenue) to consider the Petitioners’ Representation dated 01.02.2019, 09.06.2025 & 07.11.2025 to re-determine the compensation awarded to the petitioner for his lands in R.S.No.24/8 and R.S.No.54/3 for an extent of 0.40.46 ares acquired at Karasur Revenue village in Award No.2/2008 to a Sum of Rs.21,261 / - per Are, pursuant to the enhanced compensation award dated 01.12.2018 passed in LAOP No.110 of 2012 on the file of II Additional District Judge, Puducherry.
For Petitioners: Ms. D.E.Anisree Sangavi
For Respondents: Mr.V.Vasanthakumar, Addl. G.P. (Pondy)
ORDER
The petitioners’ land was acquired under the Land Acquisition Act, 1894. Compensation in respect thereof was received by the petitioners. Meanwhile, the petitioners came to know that enhanced compensation was paid in respect of lands covered under the same notification pursuant to order in L.A.O.P.No.110 of 2012. After submitting an application under Section 28A of the enactment, the present writ petition has been filed.
2. Mr.V.Vasanthakumar, learned Additional Government Pleader, accepts notice for the respondents. By handing over written instructions, he submits that necessary funds have been requested for from the requisitioning department for purposes of disbursing enhanced compensation. Within a reasonable time from the receipt thereof, he submits that the enhanced compensation would be disbursed to the petitioners.
3. By recording the above submissions, this writ petition is disposed of by directing the second respondent to take necessary measures for the disbursement of enhanced compensation to the petitioners in terms of Section 28A of the Land Acquisition Act, 1894 as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. There will be no order as to costs.
