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2026 Supreme(Online)(Mad) 19980

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
J.Raja – Appellant
Versus
Union Of India Rep. by its Secretary to Government, Government of Puducherry – Respondent
Writ Petition No. of 2023



Advocates:
For the Appellants/Petitioners: Mr.R.Ganesan
For the Respondents: Mr.R.Sreedhar, AGP(Pondy)

Court directed timely re-determination of compensation in accordance with law as per specific sections of the Land Acquisition Act.

Headnote:This writ petition has been filed to direct the second respondent to re-determine compensation under Section 28-A of the Land Acquisition Act, 1894, favoring the petitioner to match the award provided to other landholders (paragraph 1). The main issue framed involved whether the petitioner is entitled to have compensation on par with others and whether there was any prejudice caused to the respondents (paragraph 4). The court directed the second respondent to pass final orders on the petitioner’s application concerning compensation redetermination within four weeks from receipt of this order (paragraph 6).

Table of Content
1. re-determination of compensation requested. (Para 1 , 2)
2. court's observation on merits of application. (Para 4 , 5)
3. final orders to be passed. (Para 6)

ORDER

This writ petition has been filed to direct the second respondent to re-determine the compensation as per the provisions of Section 28-A of the Land Acquisition Act, 1894 in favour of the petitioner on par with the award passed in favour of the other landholders under the same Government Order in A.S. Nos.249 and 250 of 2018 dated 17.10.2023.

2.The petitioner claims that since the other land holders are having the benefit of higher compensation as per the judgment dated 17.10.2023 passed in A.S. Nos.249 and 250 of 2018, the petitioner also seeks for the same re- determination of compensation on par with others. In such circumstances, the petitioner had filed an application under Section 28-A of the Land Acquisition Act with the second respondent on 27.11.2023. Since the said application has not been considered till date, the petitioner has filed this writ petition.

3.Mr.R.Sreedhar, learned Additional Government Pleader (Puducherry)

accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the petitioner’s application, as stated supra, is considered, on merits and in accordance with law after giving due consideration to the supporting documents filed by the petitioner, within a time frame to be fixed by this Court.

5.This Court is not expressing any opinion on the merits of the petitioner’s application filed under Section 28-A of the Land Acquisition Act, 1894.

6.For the foregoing reasons, this writ petition is disposed of by directing the second respondent to pass final orders, on merits and in accordance with law on the petitioner’s application dated 27.11.2023 filed under Section 28-A of the Land Acquisition Act, 1894 seeking for re-determination of the compensation on par with others, who are having the benefit of the judgment dated 17.10.2023 passed in A.S. Nos.249 and 250 of 2018, which pertain to the very same Government Order under which the land was acquired, after giving due consideration to the supporting documents filed by the petitioner, within a period of four weeks from the date of receipt of a copy of this order. No costs.

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