HC reverses order on compensation for land
Says owner cannot seek a hike after accepting full payment
A Division Bench of the Madras High Court has reversed an order passed by a single judge for referring a land acquisition dispute to a civil court for enhancement of compensation even though the land owner, EVP Estates and Properties, had accepted ₹44.41 crore from the Kancheepuram district administration without any protest after giving way its lands in Manapakkam and Kolapakkam for expansion of the Chennai airport.
Allowing a writ appeal preferred by the Collector, a Division Bench of Justices K.K. Sasidharan and P. Velmurugan held the single judge had ordered for the reference without considering as to how a landowner could insist on enhancement of compensation after having received the entire consideration without a semblance of protest.
The Bench pointed out that the State issued a Government Order on October 9, 2007, granting administrative sanction for acquisition of 358.76.5 ha of land in Sriperumbudur Taluk of Kancheepuram District for the expansion of Chennai airport.
The land owner had, on receipt of a copy of the individual awards with respect to different survey numbers, executed separate agreements after agreeing to receive the compensation in full. The Collector too paid the compensation taking into account the consent agreements. However, thereafter, the land owner turned a volte-face and filed a writ petition.