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2026 Supreme(Online)(Mad) 14305

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
Shymala – Appellant
Versus
The Government Of Puducherry – Respondent
W.P. No. 5373 of 2026



Advocates:
For the Appellants/Petitioners: Mr.V. Rajesh Babu
For the Respondents: Mr.V.Vasanthakumar, Additional Government Pleader

The court emphasized the necessity of procedural compliance in re-evaluating land compensation under the Land Acquisition Act, 1894.

Headnote:This case involves a petition under Article 226 of the Constitution, seeking a Writ of Mandamus for re-determination of compensation under Section 28A of the Land Acquisition Act, 1894, based on a previous award. The court directed the second respondent to consider the application and pass orders within three months. The main issue was the re-evaluation of land compensation following a prior fixed award. The court’s finding emphasized the procedural compliance in considering land compensation applications. The petitioner’s request for reconsideration under the specified provision was acknowledged, leading to the ruling without cost implications.

Table of Content
1. petition under article 226 for compensation re-determination. (Para 1)
2. government’s acknowledgment of notice for inquiries. (Para 2)
3. court directs to consider application within three months. (Para 3)

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd Respondent to re-determine the compensation awarded to the petitioners’ land acquired at Karasur Revenue Village in Award No. 2/2008 to a sum of Rs. 21,261/-

per Are. based on the application of Mr.N.Ellusamy, deceased husband of the first petitioner, under Section 28A of the Land Acquisition Act, 1894 dated 20.03.2019, pursuant to the enhanced compensation award passed in LAOP No. 1 of 2017 on the file of II Additional District Judge, Puducherry, For Petitioner(s): Mr.V. Rajesh Babu For Respondent(s): Mr.V.Vasanthakumar, Additional Government Pleader

ORDER

The lands owned by the petitioners were acquired under the Land Acquisition Act, 1894. The compensation in respect thereof was also deposited. According to the petitioners, lands covered by the same notification were the subject of L.A.O.P.No.1 of 2017, wherein award dated 19.12.2024 was issued fixing the compensation at Rs.21,261/- per Are and other benefits such as solatium. Upon coming to know of the same, the petitioners state that Mr.N.Ellusamy (deceased husband of the first petitioner) filed an application under Section 28A of the Land Acquisition Act seeking re-determination in line with the compensation awarded in L.A.O.P.No.1 of 2017. The present writ petition relates thereto.

2. Mr.V.Vasanthakumar, learned Additional Government Pleader, accepts notice for all the respondents. He submits that an inquiry was held in relation to the application on 20.03.2019 and that orders would be issued within three months.

3. Accordingly, without expressing any opinion on the merits, this writ petition is disposed of by directing the second respondent to consider the application under Section 28A of the Land Acquisition Act and pass orders thereon within three months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioners. There shall be no order as to costs.

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