Citation : 2021 Latest Caselaw 24718 Mad
Judgement Date : 15 December, 2021
C.R.P(NPD)No.1340 of 2020
and CMP.No.7360 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P(NPD)No.1340 of 2020
and
CMP.No.7360 of 2020
Special Tahsildar (ADW),
Vandhavasi. ..Petitioner
Vs.
A.Mohan ..Respondent
Prayer: Civil Revision Petition filed under 13 of the Tamil Nadu Acquisition
of Land for ADW Scheme Act 31/78 r/w Section 115 of CPC., against the
judgment and decree made in CMA.No.5 of 2001, dated 27.03.2002 on the
file of the Sub-Court, Cheyyar, Tiruvannamalai District modifying the
award made in Award No.3/2000-2001, dated 12.12.2000 passed by the
Special Tahsildar-cum-Land Acquisition Officer, Adi Dravidar Welfare,
Vandhavasi.
For Petitioner : Mr.Edwin Prabhakar for
Additional Government Pleader
For Respondent : Mr.B.Balaji for
Mr.P.G.Padmanabhan
1/4
https://www.mhc.tn.gov.in/judis
C.R.P(NPD)No.1340 of 2020
and CMP.No.7360 of 2020
ORDER
This revision is by the Special Tahsildar, Adi Dravidar Welfare,
Vandhavasi, challenging the award in CMA.No.5 of 2001 enhancing the
compensation awarded to the owners of the land acquired for grant of free
house site Patta to Adi Dravidars residing in Parasur Village, Cheyyar Taluk,
Tiruvannamalai District.
2.The land measuring about 4.90 hectares equivalent to about 12
acres and 10 cents was acquired for the purpose of providing free house
sites. The Special Tahsildar (Adi Dravidar Welfare), Vandhavasi passed an
award on 12.12.2000 granting a sum of Rs.200/- per cent. The land owner
filed an appeal before the Sub-Court, Cheyyar. The Sub-Court, enhanced
the compensation to Rs.800/- per cent. It is this enhancement that is
questioned in this revision.
3.Mr.B.Balaji, learned counsel appearing for the respondent
would submit that as against other awards under the very same acquisition,
https://www.mhc.tn.gov.in/judis C.R.P(NPD)No.1340 of 2020 and CMP.No.7360 of 2020
the land owners had filed an appeal in CMA.No.6 of 2001 on the file of the
Sub-Court, Cheyyar and the said appeal was disposed of on the same date
namely, 27.03.2002, fixing the compensation at Rs.800/- per cent. The said
judgment and decree was challenged in S.A.No.408 of 2008 before this
Court and the same came to be dismissed on 26.07.2017, confirming the
award of the Sub-Court, Cheyyar. It is not in dispute that the lands subject
matter of these proceedings were also acquired for the same purpose under
the same award.
4.Since this Court had already confirmed the award of sum of
Rs.800/- per cent in S.A.No.408 of 2008, I do not see any reason to interfere
with the award of the Sub-Court, Cheyyar. This civil revision petition
therefore, fails and it is accordingly, dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
15.12.2021
kkn
Index:No
https://www.mhc.tn.gov.in/judis C.R.P(NPD)No.1340 of 2020 and CMP.No.7360 of 2020
Internet:Yes Speaking
R.SUBRAMANIAN, J.
KKN
To:-
1.The Sub-Court, Cheyyar.
2.The Special Tahsildar, Adi Dravidar Welfare, Vadhavasi.
C.R.P(NPD)No.1340 of 2020 and CMP.No.7360 of 2020
15.12.2021
https://www.mhc.tn.gov.in/judis
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