Research › Search › Judgment

Madras High Court · body

2013 DIGILAW 2395 (MAD)

GMMCO Limited, Rep. By its Executive Vice President, Chennai v. Government of Tamil Nadu, Represented by its Chief Secretary, Chennai

2013-07-10

D.HARIPARANTHAMAN

body2013
JUDGMENT :- 1. There is a dispute relating to 2477.5 square metres of land in R.S.No.512, Cantonment of St. Thomas Mount. The said land was required for Metro Rail Project of Chennai Metro Rail Limited. 2. While the petitioner claims that the aforesaid land belongs to the petitioner Company, the Government claims that it is their land. 3. There were so many rounds of litigations. Ultimately, the Government has filed a suit in O.S.No.494 of 2012 on the file of District Munsif Court, Alandur. The said suit is still pending. 4. While so, the writ petitioner requested the second respondent to make a reference to the competent Civil Court under Section 18 of the Land Acquisition Act, 1894 for enhancement of compensation for taking over the aforesaid land. The same was rejected by an order dated 06.08.2012 by the second respondent. 5. The petitioner has filed this writ petition questioning the said order dated 06.08.2012 of the second respondent and has also sought for a direction to the second respondent to make a reference before the competent court for enhancement of compensation under Section 18 of the Land Acquisition Act. 6. Heard both sides. 7. The learned counsel has fairly submitted that the Government has filed O.S.No.494 of 2012 before the District Munsif Court, Alandur, claiming ownership of the land. Formal acquisition took place under the Land Acquisition Act. Admittedly, the land is handed over to the second respondent to continue with the project and the same is not in dispute. 8. The learned counsel for the petitioner has submitted that in the event of the petitioner succeeding in the aforesaid suit, the petitioner cannot be deprived of claiming enhanced compensation as provided under the Land Acquisition Act on the ground that the land was already in the possession of the second respondent. 9. If the Government succeeds in the suit, it is for the Government to get appropriate compensation from the Chennai Metro Rail Limited. 10. The second respondent is putting up Metro Rail Project for the benefit of the public. In that event, whoever succeeds in the suit, cannot get back the land. The amount of compensation can be worked out in accordance with law at that time by a proper reference to the Civil Court relating to enhancement of compensation, if necessary. 11. In view of the above, the impugned order is quashed. In that event, whoever succeeds in the suit, cannot get back the land. The amount of compensation can be worked out in accordance with law at that time by a proper reference to the Civil Court relating to enhancement of compensation, if necessary. 11. In view of the above, the impugned order is quashed. In the event of the petitioner succeeding in the aforesaid suit, he will the have remedy available at that point of time. 12. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petitions are closed.