K GOVINDAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner has filed this Writ Petition for a mandamus directing the respondents to refer the matter in Award No.1/2002-2003, relating to the land in R.S.No.1086/8, Pudureddiyur, P.N.Patti, Mettur Taluk, Salem District, to a competent civil Court for deciding enhancement of compensation under Section 18 of the Land Acquisition Act.

(2.) THE respondents acquired lands for the purpose of constructing Upper Ash Dykes in Mettur Thermal Power Project, Mettur. The petitioner informs that an extent of 1.20 acres of lands belonging to the petitioner comprised in R.S.No.1086/8, Pudureddiyur, P.N.Patti, Mettur Taluk, Salem district also stood acquired. The petitioner had participated in the award enquiry. The second respondent had fixed the total compensation at Rs.2,09,948/-. The petitioner had claimed a sum of Rs.3,50,000/- for the house constructed upon his property but the respondent has fixed the value thereof only at Rs.1,23,968/-. The award was passed on 05.11.2002. Reference made by the respondents under Section 30 of the Land Acquisition Act (hereinafter referred as "Act") regards the apportionment of compensation were adjudicated upon in L.A.O.P.No.18 of 2003 with the result that the learned Sub Court, Mettur, passed a judgment dated 24.12.2003 in favour of the petitioner. The petitioner received the compensation of Rs.2,09,948/- on 11.08.2003. The petitioner informs of having immediately sent an objection on 14.08.2003 requesting enhanced compensation and of raising further objections through counsel on 20.07.2004 and 19.12.2004, requesting the respondents to refer the matter under Section 18 of the Act.

(3.) HEARD learned Special Government Pleader on the above submissions and perused the records.