Madras High Court
The Revenue Divisional Officer vs Nabeesha Beevi on 3 February, 2021
A.S.(MD)No.210 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD)No.210 of 2019
and
C.M.P.(MD)No.10861 of 2019
The Revenue Divisional Officer,
Ramanathapuram,
Ramanathapuram District. ...Appellant/Referring Officer
Vs.
1.Nabeesha Beevi
2.Farook
3.Malik
4.Mohammed Hanifa
5.Patharunisha
6.Mohammed Kasim
7.Bazeera Begum ...Respondent/Claimants
(Respondents 2 and 4 to 7 are the represented through the power agent/third respondent)
PRAYER: This Appeal Suit is filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in L.A.O.P.No.2 of 2011 on
the file of the Sub Court, Ramanathapuram dated 13.03.2015 and allow the
first appeal.
For Appellant : Mr.J.Gunaseelan Muthiah
Additional Government Pleader
For Respondent : No Appearance
1/5
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A.S.(MD)No.210 of 2019
JUDGMENT
Aggrieved over the order of the Land Acquisition Tribunal
enhancing the compensation from Rs.55/- per cent to Rs.4,800/- per cent,
the present appeal suit came to be filed.
2. For the sake of convenience, the parties are referred to herein,
as per their rank before the Trial Court.
3.The brief facts, leading to the filing of this Appeal Suit, are as
follows:-
(i) An extent of 0.44.0 hectare land in survey No.10/2A, was
acquired under notification dated 31.01.1997 under Section 4(1) of the
Land Acquisition Act for the purpose of formation of road. The Land
Acquisition Officer fixed the compensation at the rate of Rs.55/- per cent
(Rs.5,500/- per acre). Thereafter, the matter has been referred to the
Tribunal under Section 18(1) of the Act as the claimants have claimed
Rs.4,800/- per cent as compensation in view of the order passed in
L.A.O.P.No.3 of 1997.
(ii) Before the Tribunal, on the side of the claimant, no witness was
examined and Exs.C1 to C5 were marked and on the side of the respondent
no witness was examined and Exs.R1 to R3 were marked.
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A.S.(MD)No.210 of 2019
(ii) The Land Acquisition Tribunal by considering the materials
placed on record and the order passed in L.A.O.P.No.3 of 1997 has
enhanced the compensation from Rs.55/- per cent to Rs.4,800/- per cent.
Challenging same, the present appeal is filed.
4. To a pointed question that whether L.A.O.P.No.3 of 1997 has
reached finality, the learned Additional Government Pleader appearing for
the appellant submitted that no records were maintained in the
Department.
5. In the light of the above submission, now the point arises for
consideration in this appeal are:
(i)Whether the compensation enhanced by the Land
Acquisition Tribunal is unreasonable and without any basis?
6. It is not in dispute that L.A.O.P.No.3 of the 1997 was disposed of
in the year 2002. The Land Acquisition Tribunal has fixed the enhanced at
the rate of Rs.4,800/- per cent with 30% solatium and necessary interest
only based on the above said order. When the same was informed to the
learned Additional Government Pleader, he has not disputed the said fact.
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A.S.(MD)No.210 of 2019
7. Since in a similar matter, the Land Acquisition Tribunal has
already fixed the compensation at the rate of Rs.4,800/- per cent and only
based on the same, in the present case also the Tribunal has enhanced the
compensation, I do not find any reason to interfere with the findings of the
Land Acquisition Tribunal.
8. In the result, the present Appeal Suit is dismissed confirming the
judgment and decree of the Sub Court, Ramanathapuram in L.A.O.P.No.2 of
2011 dated 13.03.2015. No costs. Consequently, connected miscellaneous
petition is also closed.
03.02.2021
Index : Yes/No
Internet : Yes/No
ta
To
1.The Sub Court, Ramanathapuram.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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A.S.(MD)No.210 of 2019
N.SATHISH KUMAR, J.
ta
Judgment made in
A.S.(MD)No.210 of 2019
03.02.2021
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