P. MURTHY Vs. COLLECTOR OF CUDDALORE CUDDALORE DISTRICT

JUDGEMENT

(1.) Challenge in this appeal is to an order in W.P.No.37593 of 2015, dated 2/3/2016, by which, the writ Court refused to issue a writ of mandamus, directing the respondents herein, to provide fair compensation for the lands of the petitioner, in an extent of 0.41.5 comprised in Survey No.3/4, in an extent of 0.16.0, comprised in Survey No.3/8 in an extent of 0.15.0, comprised in Survey No.3/9 in an extent of 0.09.5, comprised in Survey No.3/10 in an extent of 0.21.5, comprised in Survey No.3/11 in an extent of 0.09.5, comprised in Survey No.3/12 at Valayamadevimelpathi Village, Virudhachalam Taluk, Cuddalore District, without due process of law or under the Tamil Nadu Acquisition of land for industrial purposes Act 1997 for the Industrial purposes 1997 under the Right to Fair Compensation Act, 2015.

(2.) Material on record discloses that lands were acquired from the petitioner's father. After issuing notice, to the land owner, Award No.85 of 2007, has been passed on 12/12/2007, by the Tahsildar (Land Acquisition No. III), Neyveli 2, Cuddalore District. Not satisfied with the same, petitioner's father has sought for enhancement of compensation. Matter has been referred to the Lok Adalat in Case No.141 of 2012. Petitioner's father, Pitchai Muthu, participated in the Lok Adalat.

(3.) After going through the material on record and with the consent of the land owner, Lok Adalat, vide order, dated 5/3/2012, passed a consent award, recording full settlement of Rs.13,28,578.00. Details of the Award are extracted hereunder:-