HC re­verses or­der on com­pen­sa­tion for land

Says owner can­not seek a hike af­ter ac­cept­ing full pay­ment

The Hindu - - CHENNAI - Mo­hamed Im­ran­ul­lah S.

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.

Gov­ern­ment Or­der

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.

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