The Special Tahsiladhar vs M.Thirugnanam
2021 Latest Caselaw 24453 Mad

                                                                           C.R.P. (PD) No. 1238 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 DATED: 13.12.2021
                                                         CORAM:
                                   THE HONOURABLE Mr. JUSTICE S.S.SUNDAR
                                             C.R.P. (PD) No.1238 of 2019
                                             and C.M.P. No.7957 of 2019


                The Special Tahsiladhar,
                Land Acquisition Unit – II,
                Chennai Metro Rail Limited,
                Koyembedu,
                Chennai – 600 001.                                                        ...Petitioner

                                                          Versus

                M.Thirugnanam                                                          ...Respondent

                          Civil Revision Petition is filed under Article 227 of the Constitution of

                India, to set aside the order dated 04.04.2018 passed in Memo filed under

                S.R.No.21108 of 2018 in L.A.O.P. No.56 of 2015 on the file of VI Assistant

                City Civil Court, Chennai as ultra virus and consequently to set aside the

                amendment carried out in the cause title of the judgment and decree dated

                18.12.2017 passed in L.A.O.P. No.56 of 2015 on the file of VI Assistant City

                Civil Court, Chennai.

                                       For Petitioners             : Mr. C.Shankar
                                       For Respondents         : Mr. M.Syed Ibrahim



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                                                                                 C.R.P. (PD) No. 1238 of 2019

                                                         ORDER

This Civil Revision Petition is directed against the order passed in memo

dated 02.04.2018 in L.A.O.P. No.56 of 2015 on the file of the VI Assistant City

Civil Court, Chennai.

2. Brief facts that are necessary for the disposal of the Civil Revision

Petition are as follows:

The revision petitioner is the Special Tahsildar, Land Acquisition Unit –

II, Chennai Metro Rail Limited, Koyembedu, Chennai – 600 001. It is admitted

that certain lands were acquired for the purpose of Kodambakkam Metro Rail

Project under the Land Acquisition Act (Central) and award was passed for a

sum of Rs.52,05,230/- for the lands acquired from the claimants. Aggrieved the

award of the Land Acquisition Officer namely the revision petitioner, the

claimant filed an application under Section 18 of the Land Acquisition Act, to

fix the just market value for the lands acquired from the claimant. Sections 18

and 19 of the Land Acquisition Act reads as follows:

“18. Reference to Court:- (1) Any person interested who has not accepted the award may, be written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the https://www.mhc.tn.gov.in/judis 2 of 8 C.R.P. (PD) No. 1238 of 2019

compensation, the persons to whom it is payable, or the appropriate of the compensation among the persons interested. (2) The application shall state the grounds on which objection to the award is taken:

Provided that every such application shall be made,---

(a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award;

(b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire.

19. Collectors statement to the Court:- (1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand,---

(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;

(b) the names of the persons whom he has reason to think interested in such land;

(c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; and

(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined.

(2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively.

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3. It is seen that the claimants have filed a petition under Section 18 of

the Act for reference before the petitioner. From Sections 18 and 19 of the Land

Acquisition Act it is seen that the Land Acquisition Officer who is appointed as

Collector under the Act is the person authorised to refer the dispute to Civil

Court if he receives an application from the land owners with regard to any

objection on quantum of compensation. The application submitted by the

claimant for enhancement of compensation shall be referred to the Court with

relevant particulars. It is the duty of the referring officer to give all the

particulars including the names of the persons interested in the land. Even if the

Collector fail to name all the persons who are interested, it is not necessary that

the award in entirety will go. In such circumstances, the land owner / claimant

cannot be blamed for not including the name of either the requisition body or

the official who was appointed as Collector for the purpose of completing the

acquisition. However, it is admitted that reference was entertained by the Court

by showing the Land Acquisition Officer cum Special Deputy Collector, Tamil

Nadu Urban Development Project-III, Chennai, as Land Acquisition Officer.

As a result, without issuing notice to the Special Tahsildar, Land Acquisition

Unit, Chennai Metro Rail Limited, before whom the petition is filed under

Section 18 of the Act, the reference Court has determined the compensation.

Aggrieved by the judgment and decree in L.A.O.P. No.56 of 2015, the Special https://www.mhc.tn.gov.in/judis 4 of 8 C.R.P. (PD) No. 1238 of 2019

Tahsildar, Land Acquisition Unit, Chennai Metro Rail Limited, ought to have

preferred an appeal immediately after coming to know about the disposal of the

L.A.O.P. No.56 of 2015.

4. This Court is unable to dismiss this Civil Revision Petition on

technical ground in view of the fact that serious prejudice is caused to the

revision petitioner on account of some mistake in the course of reference. By

the order impugned in the Civil Revision Petition, the revision petitioner is

brought on record in the place of Special Tahsildar, Land Acquisition. Without

any opportunity being granted to the revision petitioner, the proceedings before

the reference Court cannot be concluded. By an application which appears to be

a formal one, the petitioner is now facing the award enhancing compensation. It

is in these circumstances, this Court is of the view that the petitioner cannot be

blamed for not impleading himself before the reference Court earlier. The

reference Court has committed a mistake in not sending notice to the

Requisition Department or the Special Tahsildar the concerned Land

Acquisition Officer, before enhancing compensation.

5. Learned counsel appearing for the petitioner submitted that though the

Court is empowered to amend the decree under Section 152 C.P.C., the

amendment should be confined to clerical or arithmetic mistakes in judgments

or decrees or orders which are all due to accidental slip or omission. However, https://www.mhc.tn.gov.in/judis 5 of 8 C.R.P. (PD) No. 1238 of 2019

a person without being impleaded as a party before the reference Court cannot

be introduced as the respondent, surprisingly, to suffer the award of the

reference Court by enhancing compensation. Since the petitioner did not

challenge the award of reference Court, this Court is of the view that there will

be further complication which will not be good to both. It is seen that the claim

for enhancement was not defended by other respondents before the reference

Court by filing objection. Strictly speaking, the award is not binding on the

land acquisition Officer or the requisition body and hence it cannot be enforced

also.

6. To shorten the litigation, this Court is inclined to pass the following

order in exercise of its power under Article 227 of Constitution of India:

The order passed by the learned VI Assistant Civil Judge, Chennai, in

memo dated 04.04.2018 in S.R. No.21108 of 2018 in L.A.O.P. No.56 of 2015

is hereby set aside. The award / judgment and decree in L.A.O.P. No.56 of 2015

dated 18.12.2017 is declared invalid as against the revision petitioner. The

revision petitioner is suo-motu impleaded as third respondent in L.A.O.P.

No.56 of 2015 pending before the VI Assistant Civil Judge, Chennai. The

reference Court is directed to commence the proceedings afresh. The reference

Court shall proceed with the enquiry and dispose of the proceedings after https://www.mhc.tn.gov.in/judis 6 of 8 C.R.P. (PD) No. 1238 of 2019

giving opportunity to the revision petitioner and the claimants, as expeditiously

as possible, preferably within a period of twelve weeks from the date of receipt

of a copy of this order. It is open to the reference Court to implead the

requisition body in the course of proceedings so as to ensure effective

adjudication.

7. Accordingly, this Civil Revision Petition is allowed with further

direction indicated above. No costs. Consequently, connected miscellaneous

petition is closed.

13.12.2021

Index: Yes/ No Speaking Order / Non-Speaking Order bkn

Copy to:

The VI Assistant Civil Judge, Chennai.

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S.S.SUNDAR, J .,

bkn

C.R.P. (PD) No.1238 of 2019

13.12.2021

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