Authorities must determine compensation for trees on acquired land after enquiry on ownership claim.

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the 1^st respondent to pay compensation for trees attached to the land in Plot No. 41 & 43 to the petitioner along with interest 18 % from 2017 to till date.

For Petitioner(s): Mr.M.Elumalai for Ms.A.Dhanalakshmi For Respondent(s): Ms.S.Indhu Bala Additional Government Pleader for R1 & R2 Mrs.S.R.Sumathy for R3

ORDER

This Writ Petition has been filed seeking issuance of writ of mandamus, directing the 1^st respondent to pay compensation for trees attached to the land in Plot No. 41 & 43 to the petitioner along with interest 18 % from 2017 to till date.

2. The learned counsel appearing for the petitioner would submit that about 43 trees as referred in the 2^nd respondent letter to the Special Officer (Land Acquisition) dated 02.09.2022, no compensation was fixed to the petitioner therefore, the petitioner given a representation on 01.06.2024 to the respondents. Since the same is not yet considered, the present writ petition is filed.

3. However, the learned counsel for the respondents would submit that already compensation was paid for the 20 trees to the petitioner and as far as the present claim is concerned, it is not pertaining to the petitioner’s land therefore, the respondents will consider the same and pass appropriate orders.

4. In the present case, the petitioner has given a representation for determination of compensation on 01.06.2024. There is no dispute on that aspect and with regard to the determination of compensation for the 20 teak trees which belongs to the petitioner along with the land. However, it is stated that about 43 trees were left out and the same was referred for the purpose of valuation by the 2^nd respondent to the appropriate authorities concerned therefore, no compensation was determined for the said 43 trees. Once the compensation was determined, the petitioner can very well approach the authority concerned for enhancement as per the law. If no compensation was determined to the trees, it is duty of the incumbent to determine the compensation and there is no dispute on the aspect of the trees mentioned in the letter dated 02.09.2022 and the dispute is only with regard to the ownership. Such being the case, the respondent can very well conduct an enquiry based on the petitioner’s representation dated 01.06.2024 after issuing notice to all the parties concerned and thereafter, determine the compensation, to which extent, the petitioner’s entitlement to the trees.

5. In view of the same, the respondents are is directed to consider the petitioner’s representation dated 01.06.2024 and pass appropriate orders on the same determining compensation, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after issuing notice to the necessary parties.

6. This Writ Petition is disposed of with the above terms. No costs.