Madras High Court
The Special Tahsildar vs Kunthiammal on 30 April, 2021
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
A.S.Nos.146 and 147 of 2021 and 149 to 157 of 2021
and
C.M.P.Nos.7890, 7896, 7899, 7914, 7900, 7902,
7947, 7955, 7907, 7958 and 7966 of 2021
The Special Tahsildar,
Adi Dravidar Welfare Department,
Tirupattur,
Vellore District .. Appellant in all the appeals
Vs.
Kunthiammal .. Respondent in A.S.No.146 of 2021
Biliyammal .. Respondent in A.S.No.147 of 2021
Savithri bai .. Respondent in A.S.No.149 of 2021
[email protected] .. Respondent in A.S.No.150 of 2021
Panchatram ..Respondent in A.S.No.151 of 2021
Pushpabai .. Respondent in A.S.No.152 of 2021
Sivaji rao .. Respondent in A.S.No.153 of 2021
Chinnathaman .. Respondent in A.S.No.154 of 2021
Krishnan .. Respondent in A.S.No.155 of 2021
https://www.mhc.tn.gov.in/judis/
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
Kuppammal .. Respondent in A.S.No.156 of 2021
Pappannan .. Respondent in A.S.No.157 of 2021
A.S.No.146 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.80 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.147 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.78 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.149 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.75 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.150 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.77 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.151 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.68 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.152 of 2021 filed under Section 54 of the Land Acquisition Act to
https://www.mhc.tn.gov.in/judis/
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
set aside the judgment and decree in L.A.O.P.No.76 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.153 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.73 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.154 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.82 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.155 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.69 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.156 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.67 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
A.S.No.157 of 2021 filed under Section 54 of the Land Acquisition Act to
set aside the judgment and decree in L.A.O.P.No.65 of 2014 dated 16.02.2015
on the file of the Special Subordinate Court, Vellore.
For Petitioner in all appeals : Mr.J.Balagopal, Spl.G.P.(AS)
https://www.mhc.tn.gov.in/judis/
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
For Respondent in all appeals : Ms.S.S.Meenakumary `
COMMON JUDGMENT
Today, these matters are taken up by this Court through Video
Conferencing, on account of the pandemic COVID-19.
2.Inasmuch as these batch of appeal suits emanate from the judgments
dated 16.02.2015 passed by the learned Special Sub Judge, Vellore, (hereinafter
described as “the Reference Court”), wherein, the issue revolves around the
payment of compensation to the respondents / claimants / land owners for having
acquired their lands in respect of the Scheme for the formation of reservoir and
canals across Andiyappanur Odai in Andiyappanur Village, Vaniyambadi Taluk,
Vellore District, they are considered and decided by this common judgment.
3.The Government by G.O.Ms.No.622 Public Works Department (T1)
Dated 10.09.1996, accorded sanction to the Scheme for the purpose of formation
of reservoir and canals across Andiyappanur Odai in Andiyappanur Village,
Vaniyambadi Taluk, Vellore District for the improvement of agricultural
https://www.mhc.tn.gov.in/judis/
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
production, etc. Pursuant to the same, after issuance of 4(1) notification and
invoking urgency clause under Section 17(2) of the Land Acquisition Act, 1894
(hereafter shortly referred to as 'the Act') vide G.O.Ms.No.624, Public Works
Department, dated 13.12.1999, a vast extent of lands measuring about 97.86.5
hectares were sought to be acquired. After enquiry, the Special Tahsildar / Land
Acquisition Officer passed awards fixing the compensation payable to the
respondents / claimants / land owners for having acquired their lands.
4.Feeling aggrieved and being dissatisfied with the compensation
awarded, the respondents/ claimants and others preferred Reference Applications
under Section 18 of the Act. The Reference Court passed the impugned
judgment on 16.02.2015, enhancing the compensation payable to Rs.50/- per
square feet, without any deduction towards development charges. Questioning
the said enhancement, the Special Tahsildar /Land Acquisition Officer has come
up with the instant batch of appeal suits.
5. When these cases are taken up for hearing, Ms.S.S.Meenakumari,
learned counsel appearing for the respondents fairly submitted that the lands
which are subject matter of these appeal suits are also adjacent to the lands, for
https://www.mhc.tn.gov.in/judis/
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
which this Court vide Judgment dated 31.07.2020 in A.S.No.529 of 2020 etc.,
batch fixed compensation for a sum of Rs.32/- per sq.ft. She further submitted
that all the lands are by virtue of the same acquisition and hence the same
amount may be fixed for these cases also.
6. The learned counsel for the appellant also agreed for the said
submission.
7. As rightly contended by the learned counsel for the respondents, since
the lands which are subject matter of these appeal suits are also adjacent to the
lands, for which this Court vide Judgment dated 31.07.2020 fixed compensation
for a sum of Rs.32/- per sq.ft and all the lands are by virtue of the same
acquisition, this Court deems it fix the compensation at Rs.32/- per sq. ft. for
these appeal suits as well.
8. Hence, following the Judgment dated 31.07.2020, the compensation
payable to the respondents / claimants is reduced from Rs.50/- to Rs.32/- per
square feet, without any deduction towards development charges. The impugned
judgment dated 31.07.2020 are modified to that extent. All other benefits
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A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
granted by the Reference Court, will remain unaltered. Since a period of 20
years have already been elapsed, the appellant is directed to pay the amounts of
compensation now refixed by this Court, to the respondents/ claimants, within a
period of eight weeks from the date of receipt of a copy of this judgment.
9. In the result, all the Appeal Suits are partly allowed. No costs.
Consequently, the connected miscellaneous petitions are closed. Though this
Court passed the common judgment, the learned Special Government Pleader
(AS) appearing for the appellant is entitled to separate fee for each case.
10. Post these matters for compliance on 16.07.2021.
Index : Yes/No 30.04.2021
Internet : Yes/No
arr
Note: Issue order copy on 10.05.2021
To
The Special Sub Court, Vellore.
https://www.mhc.tn.gov.in/judis/
A.S.Nos.146, 147 of 2021 and 149 to 157 of 2021
KRISHNAN RAMASAMY, J.
arr
A.S.Nos.146 and 147 of 2021 and 149 to 157 of 2021
and
C.M.P.Nos.7890, 7896, 7899, 7914, 7900, 7902,
7947, 7955, 7907, 7958 and 7966 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
