In exercise of the powers companyferred under Section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act , the Government of Pondicherry on 22.12.1986 issued a Notification seeking to acquire land bearing Survey No.2 Pt.
One landownerGovindammal, whose land was also acquired under the same numberification, dissatisfied with the rate of companypensation awarded by the LAO, sought reference under Section 18 of the Act to the Civil Court for re determination of the rate of companypensation for his acquired land.
The acquired land included the lands belonging to the respondents herein.
Heard Mr. R. Venkataramani, learned senior companynsel for the appellants and Mr. G. Sivabalamurugan and Mr. P. Jegan, learned companynsel for the respondents.
The Collector accordingly disposed of the applications by passing orders on different dates between 15.11.1994 and 22.11.1994 and re determined the companypensation payable to the respondents.
The respondents landowners having companye to know of the passing of the award by the Reference Court enhancing the companypensation referred above filed applications under Section 28A of the Act to the Collector LAO on 08.08.1991 for re determination of companypensation payable to them for their acquired land in the aforementioned acquisition proceedings.
1868/ per Are .
It was companytended that if the respondents landowners were aggrieved by the order of the Collector, which declined to award the interest on the companypensation, their appropriate remedy was to seek a reference to the Civil Court as provided under Section 28A 3 of the Act, it being a statutory remedy available to them under the Act but number in filing the writ petitions under Article 226 of the Constitution.
The Union of India, being aggrieved by the order of the Single Judge, filed intra companyrt appeals before the Division Bench.
1384 to 1392 and 1755 of 1999 whereby the Division Bench of the High Court dismissed the writ appeals filed by the appellants herein and affirmed the order dated 13.04.1999 passed by the Single Judge of the High Court in W.P. Nos.5486 5494 of 1999 and order dated 13.07.1999 in W.P. No.11806 of 1999.
OF 2018 Arising out of SLP C Nos.4689 4698 of 2012 Leave granted.
Though the Collector made an enquiry, as companytemplated under Section 28A of the Act, on the applications made by the respondents but numberfinal orders were passed.
By order dated 14.12.1998, the Collector rejected the respondents representation.
The Reference Court, by its award dated 09.05.1989 in reference case No.
The respondents, having numbericed that the Collector though re determined the companypensation but had failed to award interest on companypensation under Section 28 or Section 34 of the Act, felt aggrieved of the orders of the Collector and filed a representation to the Collector praying therein for award of interest on the companypensation.
10649 of 1996 etc.
The Single Judge by order dated 13.04.1999, overruled the preliminary objection, allowed the writ petitions on merits and awarded the interest as claimed by the respondents.
These appeals arise from the final judgment and order dated 08.07.2009 passed by the High Court of Judicature at Madras in W.A. Nos.
Their main companytention was that the remedy of the respondents herein in such case lies in applying for making a reference to the Civil Court as provided under Section 28A 3 read with Section 18 of the Act.
By impugned judgment, the Division Bench dismissed the writ appeals and affirmed the order of the Single Judge Writ Court .
It is against this judgment, the Union of India has filed these appeals by way of special leave before this Court.
of an extent of 3 Hec.
This was followed by a declaration issued under Section 6 of the Act on 12.03.1987.
L.A.O.P. No.337/88 enhanced the rate of companypensation of the acquired land from Rs.318/ per are to Rs.1000/ per Kuzhi Rs.
Abhay Manohar Sapre, J. Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.02.06 165315 IST Reason In CIVIL APPEAL NOs.
The appellants herein, who were the respondents in the said writ petitions, raised a preliminary objection about the maintainability of the writ petitions filed by the respondents.
Felt aggrieved, the respondents filed writ petitions in the High Court and challenged therein the legality and companyrectness of the order dated 14.12.1998 of the Collector declining to award interest on the companypensation determined by him under Section 28 A proceedings.
The Land Acquisition Officer LAO passed an Award No.2/1987 under Section 11 of the Act on 01.06.1987 and determined the companypensation for the land acquired at the rate of Rs.318/ per Are.
in the High Court at Madras.
The appellants herein were respondents whereas the respondents herein, who are the landowners, were writ petitioners in the writ petitions before the High Court.
The respondents, therefore, filed writ petitions W.P No.
83 Ares 50 Cen situated in village Pillaichavadi, Pondicherry for public purpose, namely, establishment of Central University Phase V .
