A.DHANASGOPAL Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) This writ petition has been filed challenging G.O.Ms.No.683, dtd. 21/7/1997, G.O.Ms.No.401, dtd. 12/10/2018 and Letter No.558(LAI(1) 05-02 dtd. 11/3/2005 and for a consequential direction to the 1st and 2nd respondents to give necessary directions to the District Collectors/District Revenue Officers/Land Acquisition Officers to apply the principles declared by the Hon'ble Apex Court in Gurpreet Singh v. Union of India reported in 2006 8 SCC 457 in respect of the compensation payable to the land owners under the Land Acquisition Act, 1894.

(2.) The issue that is involved in the present writ petition was already dealt with by Hon'ble Mr.Justice N.Seshasayee (as he then was) in W.P.No.446 of 2017 in Hemavathy and others vs. The Secretary to Government, Revenue Department and others, dtd. 19/12/2017.

(3.) G.O.Ms.No.683 dtd. 21/7/1997 was issued pursuant to the judgement of the Hon'ble Apex Court in Prem Nath Kapoor and another vs. National Fertilizers Corporation of India and others reported in 1996 2 SCC 71. The ratio in Prem Nath Kapoor case was subsequently over ruled by the Constitution Bench in the case of Gurpreet Singh v. Union of India reported in 2006 8 SCC 457. In view of the same, G.O.Ms.No.683, dtd. 21/7/1997 will be no longer valid. For the very same reason, the letter dtd. 11/3/2005 issued by the Secretary to Government, Revenue Department must also be held to be bad since such letter was given relying upon the Judgement of the Apex Court in Prem Nath Kapoor.