STATE OF TAMIL NADU Vs. P NARAYANAN

JUDGEMENT

(1.) AGGRIEVED by the Order of the learned single Judge, dated 05.04.2002, made in WP No.6814 of 2001, Housing and Urban Development Department, Government of Tamil Nadu, and others have filed this Writ Appeal.

(2.) THE respondents herein/writ petitioners filed the Writ Petition, praying for the issuance of a writ of mandamus, directing the first respondent therein, Secretary to Government, Housing and Urban Development Department, to provide funds for the payment of balance 50% of compensation payable to them with interest, enabling the District Collector to dispose of their claims under Section-28A of the Land Acquisition Act.

(3.) IT is not in dispute that the Land Acquisition Officer passed Award No.1 of 1985 on 16.04.1985, fixing Rs.60/- per cent as compensation to the land owners. Admittedly, the Writ Petitioners did not seek for reference under Section-18 of the Act for enhancement. At the instance of one Vidyasankar and Ranjithammal, the matter was referred to Sub-Court and, in LAOP Nos.214 and 215 of 1986, the learned Subordinate Judge, Tiruvallur, by his Order dated 20.01.1993, enhanced the compensation from Rs.60/- to Rs.1,500/- per cent. Even though the writ petitioners were not parties to the order of reference, by virtue of Section 28-A of the Act, they are entitled to enhanced compensation as ordered by the Sub Court if they satisfy the conditions prescribed in sub-Section(1) of Section 28-A of the Act.