Madras High Court
Land Acquisition Officer & vs Kaliyammal on 19 April, 2021
A.S.Nos.156, 158 & 159 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
A.S.Nos.156, 158 & 159 of 2019
and C.M.P.Nos.5955, 5982 &5986 of 2019
Land Acquisition Officer &
Special Tahsildar, (ADW),
Namakkal. ... Appellant in all A.S
Vs
Kaliyammal ... Respondent
in A.S.No.156 of 2019
Nallammal ... Respondent
in A.S.No.158 of 2019
Kaliayammal ... Respondent
in A.S.No.159 of 2019
Prayer in A.S.No.156 of 2019: First Appeal filed under Section 54 of the
Land Acquisition Act against the judgment and decree dated 21.12.2001
made in L.A.O.P.No.15 of 1994 on the file of the Subordinate Judge,
Namakkal.
1/9
https://www.mhc.tn.gov.in/judis/
A.S.Nos.156, 158 & 159 of 2019
Prayer in A.S.No.158 of 2019: First Appeal filed under Section 54 of the
Land Acquisition Act against the judgment and decree dated 21.12.2001
made in L.A.O.P.No.16 of 1994 on the file of the Subordinate Judge,
Namakkal.
Prayer in A.S.No.159 of 2019: First Appeal filed under Section 54 of the
Land Acquisition Act against the judgment and decree dated 21.12.2001
made in L.A.O.P.No.17 of 1994 on the file of the Subordinate Judge,
Namakkal.
In A.S.No.156 of 2019
For Appellant .. Mr.J.Balagopal
Special Government Pleader
For Respondent .. Sole respondent died
In A.S.No.158 of 2019
For Appellant .. Mr.J.Balagopal
Special Government Pleader
For Respondent .. In correct Address
In A.S.No.159 of 2019
For Appellant .. Mr.J.Balagopal
Special Government Pleader
For Respondent .. No Appearance
2/9
https://www.mhc.tn.gov.in/judis/
A.S.Nos.156, 158 & 159 of 2019
JUDGMENT
The appeal suit was filed against the judgment and decree made in
L.A.O.P.Nos.15 to 17 of 1994 dated 21.12.2001 by the Sub Judge,
Namakkal.
2.The brief facts of the case is that the appellant issued notification
under Section 4 (1) of the Land Acquisition Act on 24.04.1992 to acquire
the suit schedule properties for the purpose of providing house site and
pathway to the Vannars, who are residing at Namakkal Town in rental
houses. Consequent to the notification, 1.01 acres of land was acquired
from the respondents-claimants. The Land Acquisition Officer has fixed a
sum of Rs.333/- per cent and determined the value of 1.01 acre as
Rs.33,666/-. The Land Acquisition Officer added 30% solatium, which
amounts to a sum of Rs.10,100/-. Therefore, the total value of Land
Acquisition fixed to a sum of Rs.43,766/-. Thereafter, he added 12% interest
on the market value eligible under Section 23 (a) of the Land Acquisition
Act for the period from 24.04.1992 to 28.03.1994 i.e one year and 339 days,
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A.S.Nos.156, 158 & 159 of 2019
which amounts to a sum of Rs.7,792/-. Therefore, the Land Acquisition
Officer awarded a sum of Rs.51,558/- including interest and passed the
order on 22.03.1994.
3.Further, the Land Acquisition Officer has taken data with regard to
the sale of land to the extent of 1.86 acres situated at survey No.303/3,
which was sold to a sum of Rs.62,000/- vide Document No.86 dated
21.01.1992. Based on the said document, the Land Acquisition Officer
fixed the compensation for the suit schedule property compressing the land
of all the three respondents and passed the award. Challenging the order,
the respondents/claimants filed L.A.O.P.Nos.15 to 17 of 1994.
4.The Court below after hearing both the parties, determined the
compensation by fixing Rs.20 per sq.ft. While determining the
compensation to the claimants, the Court below has taken the sale proceeds
made in Survey No.257/4 to the extent of 2126.25sq.ft on 12.06.1991,
wherein the property was sold to a sum of Rs.25 per sq.ft.
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A.S.Nos.156, 158 & 159 of 2019
5.The suit schedule property are in Survey No.268/7B, 268/8 and
268/9, which are closer to the Survey No.257/4. The Land Acquisition
Officer referred the Survey No.303/3, which is faraway from the land
acquired by the appellant herein. Taking into consideration, all these
aspects, the Court below fixed a sum of Rs.20 per sq.ft for awarding
compensation. In the sale executed on 12.06.1991, the land was sold to a
sum of Rs.25/- per sq.ft. However, the Court below was not inclined to fix
at Rs.25/- per sq.ft and taken Rs.20/- per sq.ft and the Court below deducted
30% towards developmental charges and awarded other benefits as per
statute.
6.Mr.J.Balagopal, learned Special Government Pleader for the
appellant submitted that the Land Acquisition Officer has fixed the value of
land considering the sale made in the year 1992. The Court below has taken
the value of sale in the 1991. He fairly submitted that though the land in
Survey No.257, was sold in the year 1991, it is nearer to the Survey Nos.
268/7B, 269/8 and 268/9. Further, he submitted that the Court below
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A.S.Nos.156, 158 & 159 of 2019
deducted 30% towards development charges and he pleaded to deduct 40%
towards developmental charges and fixation of Rs.20/- per sq.ft by the
Court below may be re-determined in accordance with law considering the
sale deed executed in the year 1992.
7.Heard the learned Special Government Pleader for the appellant and
perused the materials available on record.
8.The only issue to be decided in this appeal suit is whether the
compensation awarded by the Court below is just and fair?
9.Upon perusal, it appears that a sum of Rs.33,666/- was awarded as
compensation by the Land Acquisition Officer for 1.01 acre of land, which
is situated in Periyapatti Village, Namakkal. Fixation of Rs.33,666/- for
1.01 acre of land appears very low, which comes around 76 paise per sq.ft.
The Land Acquisition Officer taken the value of sale made in the year 1992
in Survey No.303/3, which is faraway from Survey No.268. However, the
Court below fixed the value of the property by considering the sale deed
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A.S.Nos.156, 158 & 159 of 2019
executed in the year 1991 in Survey No.257, which is closer to the Survey
No.268. It appears that the 2126.25 sq.ft was sold for a sum of Rs.50,000/-
in the year 1991. In the present case, the property was acquired only for the
purpose of providing house site for the welfare of Vannars. When such
being the position, fixation of Rs.33,666/- for 1.01 acre of land is totally
unfair. That is the reason why the Court below re-fixed a sum of Rs.20/-
sq.ft. The Court below also deducted 30% towards developmental charges
and granted all other benefits as per statute available to the claimants. The
award of the Court below is just and fair. Therefore, this Court does not find
any illegality in the re-determination of compensation by the Court below.
Accordingly, the order passed by the Court below stands confirmed.
10.Further, it appears that the Land Acquisition Officer awarded 12%
interest. The claimants are entitled for 15% interest. Therefore, this Court
direct the appellant to pay the entire amount awarded by the Court below
along with 15% interest within a period of eight weeks from the date of
receipt of a copy of this judgment.
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A.S.Nos.156, 158 & 159 of 2019
11.With the above observation, this Appeal Suits are dismissed. No
costs. Consequently, connected miscellaneous petition are also closed.
19.04.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
rst
Note: Issue order copy on 26.04.2021
To
The Subordinate Judge, Namakkal.
https://www.mhc.tn.gov.in/judis/
A.S.Nos.156, 158 & 159 of 2019
KRISHNAN RAMASAMY, J.
rst
A.S.Nos.156, 158 & 159 of 2019
and C.M.P.Nos.5955, 5982 &5986 of 2019
19.04.2021
https://www.mhc.tn.gov.in/judis/
