No further plea once compensation is accepted in land acquisition: HC
TIMES NEWS NETWORK
17.04.2018
Chennai: In land acquisition cases, once a compensation package is accepted, no legal right survives for the land owner to demand enhancement of compensation, said the Madras high court.
Clarifying the legal point on Monday, a division bench of Justice K K Sasidharan and Justice P Velmurugan set aside an order passed by a single judge, allowing one such plea moved by EVP Estates and Properties Development Ltd, whose land was acquired for Chennai airport expansion project.
On October 9, 2007, the Tamil Nadu government granted administrative sanction for acquisition of 886.6 acres of land in Kolapakkam, Manapakkam, Tharapakkam, Gerugambakkam and Kovoor villages in Sriperumbadur taluk, Kanchipuram district for the expansion of Chennai airport.
To begin with, 126.59 acres of land in Manapakkam and Kolapakkam were acquired, and they included land owned by EVP Estates. On July 29, 2008 a GO was passed fixing the land value for different kinds of land for settlement with the landowners and determination of compensation by agreement under the Land Acquisition Act.
On receipt of a copy of the individual awards, EVP Estates executed separate agreements, agreeing to receive the compensation ₹44.41 crore. Pursuant to the awards and taking into account the consent agreements, Kancheepuram collector paid compensation to EVP Estates and obtained receipts.
After receiving the compensation, the company issued a notice dated December 19, 2013 to the special tahsildar, to refer the matter to the civil court for determination of enhanced compensation. But the tahsildar rejected the request on the ground that it was a consent acquisition. The company then moved the HC. It was allowed by asingle bench of the court.
The present petition is moved by the district collector assailing the single judge’s order.
The bench said, “The single judge, without discussing the legal effect of the agreement executed by the company for accepting the award, proceeded as if it was a simple case of failure to refer the matter. The plea was allowed and a writ was issued for reference to the civil court.”
Relying on a decision of the Supreme Court which said, a right of a landholder to obtain an order of reference would arise only when he has not accepted the award and once such award is accepted, no legal right in him survives for claiming a reference to the civil court, the bench allowed the appeal.
TIMES NEWS NETWORK
17.04.2018
Chennai: In land acquisition cases, once a compensation package is accepted, no legal right survives for the land owner to demand enhancement of compensation, said the Madras high court.
Clarifying the legal point on Monday, a division bench of Justice K K Sasidharan and Justice P Velmurugan set aside an order passed by a single judge, allowing one such plea moved by EVP Estates and Properties Development Ltd, whose land was acquired for Chennai airport expansion project.
On October 9, 2007, the Tamil Nadu government granted administrative sanction for acquisition of 886.6 acres of land in Kolapakkam, Manapakkam, Tharapakkam, Gerugambakkam and Kovoor villages in Sriperumbadur taluk, Kanchipuram district for the expansion of Chennai airport.
To begin with, 126.59 acres of land in Manapakkam and Kolapakkam were acquired, and they included land owned by EVP Estates. On July 29, 2008 a GO was passed fixing the land value for different kinds of land for settlement with the landowners and determination of compensation by agreement under the Land Acquisition Act.
On receipt of a copy of the individual awards, EVP Estates executed separate agreements, agreeing to receive the compensation ₹44.41 crore. Pursuant to the awards and taking into account the consent agreements, Kancheepuram collector paid compensation to EVP Estates and obtained receipts.
After receiving the compensation, the company issued a notice dated December 19, 2013 to the special tahsildar, to refer the matter to the civil court for determination of enhanced compensation. But the tahsildar rejected the request on the ground that it was a consent acquisition. The company then moved the HC. It was allowed by asingle bench of the court.
The present petition is moved by the district collector assailing the single judge’s order.
The bench said, “The single judge, without discussing the legal effect of the agreement executed by the company for accepting the award, proceeded as if it was a simple case of failure to refer the matter. The plea was allowed and a writ was issued for reference to the civil court.”
Relying on a decision of the Supreme Court which said, a right of a landholder to obtain an order of reference would arise only when he has not accepted the award and once such award is accepted, no legal right in him survives for claiming a reference to the civil court, the bench allowed the appeal.
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