Finality of unappealed land acquisition compensation enhancement order binds parties for payment.

PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 3 to 5 respondents to calculate the compensation by taking the land value as Rs 4,500/- per square feet as calculated by G.O. (Ms.) No. 84 - Housing and urban Development (UD2 (2) ) Department dated 12.06.2019and to pay the balance money along with interest as per the financial approval given through G.O. No. 84 Housing and urban development (UD2 (2)) Department dated 12.06.2019 For Petitioner(s) Mr.Lieutenant Colonel For Respondent(s): Mr.C.Gowthamaraj, GA

ORDER

This writ petition has been filed to direct the 3 to 5 respondents to calculate the compensation by taking the land value as Rs 4,500/- per square feet as calculated by G.O. (Ms.) No. 84 - Housing and urban Development (UD2 (2) ) Department dated 12.06.2019 and to pay the balance money along with interest as per the financial approval given through G.O. No. 84 Housing and urban development (UD2 (2)) Department dated 12.06.2019.

2. The learned counsel for the petitioner would submit that by virtue of GO(Ms)No.84 dated 12.06.2019, the respondent-Department took possession of the subject land, for which, the compensation was calculated at the rate of Rs.4,500/- per square feet. However, contrary to the said GO, the respondent had reduced the compensation to the rate of Rs.3,743/- per square feet.

3. Aggrieved over the same, a petition in LAOP No.33 of 2022 was filed by the petitioner, wherein, by virtue of order dated 30.07.2024, the compensation was revised to the extent of Rs.7,000/- per square feet. Under these circumstances, against a similar order, an appeal was preferred by the respondent in AS.No.803 of 2025, however, the said appeal was dismissed vide order dated 25.07.2025.

4. Hence, he would contend that the compensation fixed by the LAOP Court vide order dated 30.07.2022 had attained its finality. In such case, the respondent is supposed to have paid the compensation for the subject land at the rate of Rs.7,000/- per square feet. Hence, this petition.

5. In reply, the learned counsel for the respondent had confirmed the submissions made by the petitioner and requests this Court to pass appropriate orders.

6. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

7. In the case on hand, it appears that initially the subject land was acquired by the respondent vide GO(Ms)No.84 dated 12.06.2019, for which, the respondent had determined the compensation at the rate of Rs.3,743/- per square feet and paid the same to the petitioner. Aggrieved over the same, a petition in LAOP No.33 of 2022 was filed by the petitioner, wherein, by virtue of order dated 30.07.2022, the compensation was revised to the extent of Rs.7,000/- per square feet. At this juncture, against an order with similar issue, an appeal was preferred by the respondent in AS.No.803 of 2025, however, the said appeal was dismissed vide order dated 25.07.2025.

8. Further, it appears that no appeal was preferred against the order dated

30.07.2022 passed in the petitioner’s LAOP case. When such being the case, as rightly contended by the petitioner, the petitioner is certainly entitled to the compensation of Rs.7,000/- per square feet as per the order dated 30.07.2022 passed in LAOP.No.33 of 2022.

9. In view of the above, this Court feels that it would be appropriate to direct the respondents to pay the compensation as determined by the learned Principal Judge, vide order dated 30.07.2022 in LAOP.No.33 of 2022. It was submitted that the respondent had already paid the compensation of a sum of Rs.3,743/- per square feet to the petitioner. Therefore, now the respondent is directed to pay th