Madras High Court
Mohamed Salim vs The Union Of India Rep. By on 8 December, 2021
A.S.Nos.385 to 387 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2021
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
A.S.Nos.385 to 387 of 2016
A.S.No.385 of 2016
Mohamed Salim ..Appellant
vs.
1.The Union of India rep. By
The Secretary to Government (Revenue),
Pondicherry.
2. Dy. Collector (Revenue) CUM
The Land Acquisition Officer,
Karaikal. ..Respondents
PRAYER: Appeal under Section 54 of the Land Acquisition Act, 1894, to
set aside the award passed in LAOP.No.6 of 2011 dated 30.01.2013 on the
file of the District Judge at Karaikal and enhance the market value of
compensation at Rs.10,000/- per Are from Rs.7,000/- per Are i.e., by
increasing Rs.3,000/- per Are, in modification of the award passed in
LAOP.No.6 of 2011 for the lands acquired from the appellant to the extent
of 1 hectare 64 Ares and 90 Centiars comprised in R.S.Nos.176/2B/1 and
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A.S.Nos.385 to 387 of 2016
176/2B/3 situated in Vanjore Revenue Village, Karaikal, together with all
other statutory benefits and costs throughout.
A.S.No.386 of 2016
Iynul Marlia ..Appellant
vs.
1.The Union of India rep. By
The Secretary to Government (Revenue),
Pondicherry.
2. Dy. Collector (Revenue) CUM
The Land Acquisition Officer,
Karaikal. ..Respondents
PRAYER: Appeal under Section 54 of the Land Acquisition Act, 1894, to
set aside the award passed in LAOP.No.7 of 2011 dated 30.01.2013 on the
file of the District Judge at Karaikal and enhance the market value of
compensation at Rs.10,000/- per Are from Rs.7,000/- per Are i.e., by
increasing Rs.3,000/- per Are, in modification of the award passed in
LAOP.No.7 of 2011 for the lands acquired from the appellant to the extent
of 1 hectare 22 Ares and 57 Centiars comprised in R.S.Nos.172/2/2 and
172/2/C situated in Vanjore Revenue Village, Karaikal, together with all
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A.S.Nos.385 to 387 of 2016
other statutory benefits and costs throughout.
A.S.No.387 of 2016
Fathima Gani ..Appellant
vs.
1.The Union of India rep. By
The Secretary to Government (Revenue),
Pondicherry.
2. Dy. Collector (Revenue) CUM
The Land Acquisition Officer,
Karaikal. ..Respondents
PRAYER: Appeal under Section 54 of the Land Acquisition Act, 1894, to
call for the entire records pertaining to the award passed in LAOP.No.9 of
2011 dated 30.01.2013 on the file of the District Judge at Karaikal and
enhance the market value of compensation at Rs.10,000/- per Are from
Rs.7,000/- per Are i.e., by increasing Rs.3,000/- per Are, in modification of
the award passed in LAOP.No.9 of 2011 for the lands acquired from the
appellant to the extent of 2 Hectares 87 Ares and 41 Centiars comprised in
R.S.Nos.172/2/C/1, 176/2/C/3 and 172/3/A situated in Vanjore Revenue
Village, Karaikal, together with all other statutory benefits and costs
throughout.
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A.S.Nos.385 to 387 of 2016
For Appellant :Mr.R.Natarajan
in all the Appeals
For Respondents :Mrs. G. Djearany,
in all the Appeals Government Advocate (Pondy)
COMMON JUDGMENT
These First Appeals are filed to set aside the judgments and decrees
passed by the District Judge at Karaikal , in the LAOP.Nos.6 and 7 of 2011
and to call for the entire records pertaining to the award passed in
LAOP.No.9 of 2011 dated 30.01.2013.
2. The learned counsel on either side have submitted that the issue
involved in this appeal is squarely covered by the Common Judgment of this
Court, dated 20.03.2014, made in a batch of First Appeals in A.S.Nos.568
to 1037 of 2012.
3. Following the said Judgment of this Court dated 20.03.2014 made
in a batch of First Appeals in A.S.Nos.568 to 1037 of 2012, these First
Appeals are allowed in part enhancing the value by Rs.1500/- per Are
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A.S.Nos.385 to 387 of 2016
thereby fixing the amount at Rs.8,500/- per Are (i.e., Rs.7000/- + Rs.1500/-
= Rs.8,500/-). In all other respects, as regards the other statutory benefits,
viz., solatium and interest, the orders of the Reference Court stand
confirmed. However, there shall be order as to costs.
08.12.2021
Index : Yes
Internet: Yes
Speaking Order/Non-speaking order
gv
To
1.The Union of India rep. By
The Secretary to Government (Revenue),
Pondicherry.
2. Dy. Collector (Revenue) CUM
The Land Acquisition Officer,
Karaikal.
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A.S.Nos.385 to 387 of 2016
A.A.NAKKIRAN, J.
gv
A.S.Nos.385 to 387 of 2016
08.12.2021
https://www.mhc.tn.gov.in/judis
