T GOVINDARAJU NAIDU Vs. SPECIAL DEPUTY COLLECTOR LA

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of mandamus directing the respondent to pass an order of enhanced compensation under Section 28-A of The Land Acquisition Act, 1894, relating to his lands comprised in Survey No.201/2 measuring 50 cents in No.106, Koyambedu Village on the representations dated 29.5.89 and 29.12.90.

(2.) Heard Mr.David Thiyagaraj, learned counsel appearing for the petitioner and Ms.D.Malarvizhi, learned Government Advocate appearing for the respondent. With the consent of counsel on either side, the writ petition itself is taken up for final disposal.

(3.) The petitioner's land comprised in survey No.201/2 measuring 50 cents in Koyambedu Village was acquired by the respondent for housing scheme and an award was passed under Section 11 of The Land Acquisition Act in Award No.1/80 dated 30.1.1980. A sum of Rs.5,692.50 alone was awarded as compensation. The petitioner had not sought for a reference under Section 18 of The Land Acquisition Act claiming enhanced compensation. According to the petitioner, in respect of lands acquired by the very same notification located in the same locality and which was also the subject matter of award 1/90 dated 30.1.80, the neighbouring owners sought for reference and the civil court enhanced the compensation from Rs.99/= per cent to Rs.500/= per cent in Koyambedu village. Placing reliance on Section 28-A of The Land Acquisition Act, the petitioner moved the respondent while enclosing a copy of the judgment and decree in LAOP No.63/86 on the file of the Ist Assistant Judge, City Civil Court, which arose on a reference in respect of Award No.1/80 dated 30.1.80. The civil court answered the reference and pronounced the judgment on 22.3.88 in the said LAOP 63/86. The petitioner applied for copy of the said judgment and award on 28.4.1988. A certified copy of the decree was obtained on 24.4.89. Within the period of three months, the petitioner preferred an application before the respondent under Section 28-A, while enclosing copy of the judgment and decree with his covering letter dated 29.5.89.