E. Thangaraj v. The Special Tahsildar, MMRD Scheme
2012-01-19
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondent, being the Collector, under the Land Acquisition Act, to re-determine the compensation payable to the petitioner for his land acquired under the same notification dated 25.11.1987 in accordance with Section 28A of the Land Acquisition Act. 2. Heard Mr.V.Venkatasamy, learned counsel appearing for the petitioner and Mr.R.Lakshmi Narayanan, learned Government Advocate appearing for the respondent. 3. On going through the documents enclosed in the typedset of papers, at page 11, a proceeding dated 7.9.94 by way of an Endorsement is found made by the Special Tahsildar (LA), MMRD Schemes, Saidapet and it reads as follows:- "Rc.6/80A dt.7.9.94 BY RPAD Office of the Special Tahsildar (LA) MMRD Schemes, Saidapet, Madras-15. ENDORSEMENT Sub: Land Acquisition - Saidapet Taluk - Zamin Pallavaram - Land acquired for by-pass Road from GST Road to Madras-Mahabalipuram Road - Enhanced compensation amount - awarded by the Sub-Court, Poonamallee - Application u/s 28A of the Land Acquisition Amended Act 1894 - application filed by E.Thangaraj, S/o. Ellappan Rejected. Ref: Application of Thiru E.Thangaraj, S/o. Ellappan, dt.5.9.94. The applicant is hereby informed that Thiru E.Thangaraj (applicant), Son of Ellappan, has received compensation amount on 11.12.90, awarded in Award No.7/90, dated 30.11.90 without any kind of objection or protest. Hence, the application cited is rejected as not aggrieved by the award u/s 28A(1) of the Land Acquisition Act. Special Tahsildar(LA) MMRD Schemes, Saidapet, Madras-15." 4. It is pertinent to note that the Award No.7/90 was passed on 30.11.1990 and an application filed under Section 28A of the Land Acquisition Act has been rejected on 7.9.1994 that order has not been challenged in accordance with law and the present writ petition is for the very same relief. 5. In such view of the matter, the present writ petition for mandamus to re-determine the compensation under Section 28A of the Land Acquisition Act cannot be considered unless and until such order dated 7.9.1994 is challenged in the manner known to law. The writ petition is disposed of as above.