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
| 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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