SHAHJAHAN Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner has filed this petition seeking issuance of Writ of Mandamus to direct the second respondent to refer the dispute arising out of the acquisition of the lands belonging to the petitioner in survey nos.113/1, 112/8B, 113/2, 120/3B, 120/3C, 120/8 and 123 of Azhunthur Village, Tiruchirapalli District to the Sub Court, Tiruchirapalli under Section 18 of the Land Acquisition Act.

(2.) The case of the petitioner is that the first respondent acquired the land belonging to him in survey nos.113/1, 112/8B, 113/2, 120/3B, 120/3C, 120/8 and 123 of Azhunthur Village, Tiruchirapalli District as early as in the year 1988 and Notification was also issued in the Government Gazette including the name of the petitioner as owner of the property. The petitioner participated in the acquisition proceedings and sought for enhancement of amount towards compensation since the respondents 1 and 2 had offered compensation which is in no way commensurate with the market value of the property.

(3.) It is the further case of the petitioner that in the year 1988, the value of the property is substantial and it had high potential value. The petitioner demanded the second respondent to pay the compensation as determined and thereafter to refer the matter to the Civil Court under Section 18 of the Land Acquisition Act. The petitioner had spent several lakhs for making the land cultivable and had also raised stone fences, post etc., and hence he demanded compensation for the improvement made as well.