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2012 DIGILAW 1134 (MAD)

Pondicherry Co-operative Wholesale Stores Ltd. v. Union of India

2012-03-01

R.SUDHAKAR

body2012
Judgment :- 1. This Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the second respondent in his proceedings No.12023/LA/D1/77-01 dated 25.9.2002 and quash the same. 2. At the behest of the petitioner, the lands were acquired by the Government of Pondicherry and the petitioner deposited certain amount. The land owners made an application for enhancement of compensation which was finally concluded by the High Court. Based on the order of the High Court, the enhanced compensation amount was recalculated and communicated by the impugned proceedings No.12023/LA/D1/77-01 dated 25.9.2002 to the writ petitioner. In this communication the petitioner is aggrieved by clause (e), (f) and (h). To amplify the grievance, the petitioner states that the period for which the interest is calculated is erroneous and the value of the building has not been taken into consideration. Therefore, there is an error in the enhanced demand made in the impugned proceedings. 3. An interim injunction was granted by this Court and modified as follows as per order dated 7.8.2003:- "The dispute is as regards the calculation while arriving at the actual compensation payable to respondents 3 to 8, pursuant to the land acquisition proceedings and the enhancement ordered by this court in the appeal filed on behalf of the respondents 3 to 8. According to the petitioner, the total compensation works out to a sum of Rs.7,43,924/-, while the second respondent is stated to have arrived at a sum of Rs.8,95,924/-. Nevertheless, the petitioner is stated to have deposited the entire sum of Rs.8,95,924/-, while questioning the correctness of the calculation made by the second respondent in arriving at the said figure. Therefore, the difference comes to only a sum of Rs.1,52,000/- 4. In the circumstances, the entire amount need not be withheld pending disposal of this writ petition. Accordingly, the interim injunction granted earlier in this WPMP is confirmed in so far as it relates to the disbursement of a sum of Rs.1,52,000/-alone. The remaining sum of Rs.7,43,924/-(Rupees Seven Lakhs forty three thousand nine hundred and twenty four only) can be disbursed to respondents 3 to 8, according to the respective proportions. Injunction is made absolute, subject to the above modifications." 5. The remaining sum of Rs.7,43,924/-(Rupees Seven Lakhs forty three thousand nine hundred and twenty four only) can be disbursed to respondents 3 to 8, according to the respective proportions. Injunction is made absolute, subject to the above modifications." 5. However, on going through the merits of the petitioner's case and the counter-affidavit filed by the second respondent, it appears that the issue raised in the writ petition is a factual dispute which can be resolved by the second respondent after considering the objections of the petitioner in detail. Accordingly, this writ petitioner is given liberty to give a detailed objection/representation to the calculation on all issues pursuant to the impugned proceedings within a period of four weeks from the date of receipt of a copy of this order. The second respondent or the competent authority shall consider the objection/representation and reconsider the issue on the points urged by the petitioner within six weeks thereafter. Before concluding the proceedings based on the objection/representation of the petitioner, notice to the respondents 3 to 8 should be issued so as to consider their objections, if any. If the respondents 3 to 8 did not respond to the notice, the authority shall proceed in the matter without delaying the matter further. 6. The Writ Petition stands disposed of as above. No costs.