Madras High Court
The Land Acquisition Officer And vs K.P.Munusamy on 5 February, 2021
A.S.No.67 of 2006
and C.M.P.No.2689 of 2006
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN
A.S.No.67 of 2006
and C.M.P.No.2689 of 2006
The Land Acquisition Officer and
The Special Tahsildar, Palacode. .. Appellant
Vs.
1. K.P.Munusamy
2. K.P.Murugesan (Deceased)
3. K.P.Krishnan
4. Vengatammal
5. Kalaiselvi W/o.K.P.Murugesan
6. Nandhini (Minor) D/o.K.P.Murugesan
7. Aravindan (Minor) S/o.K.P.Murugesan
(R6 & R7 are rep.by mother Kalaiselvi
(Respondents 5 to 7 impleaded as per
order of this Court dated 05.02.2021
in C.M.P.No.925/2010) .. Respondents
PRAYER: Appeal Suit is filed under Section 96 of C.P.C against the
judgment and decree passed in LAOP No.3 of 1996, dated 02.011.2004
on the file of the Additional District Court, Dharmapuri.
For Appellant : Mr.J.Bala Gopal
Additional Govt.Pleader (AS)
1/5
https://www.mhc.tn.gov.in/judis/
A.S.No.67 of 2006
and C.M.P.No.2689 of 2006
For Respondents : No appearance
JUDGMENT
Heard the learned Additional Government Pleader (AS) for
the appellant.
2. The Acquisition Authority has preferred the appeal being
aggrieved by the enhanced compensation given to the land owners for the
land acquired for the purpose of excavation of branch II canal L.M.C., of
Kesergulihalla Reservoir. The Acquisition Authority has fixed the
compensation at Rs.60/- per Cent for the land acquired.
3. Being aggrieved by the quantum of compensation, the
land owner has preferred an appeal under Section 18 of the Land
Acquisition Act before the Tribunal stating that the land in the adjacent
survey number was sold at the rate of Rs.1029/- per Cent. The said land
is hardly 100 feet away from the land acquired. Based on the said sale
deed, the market value has to be fixed and the fair compensation has to
be awarded.
https://www.mhc.tn.gov.in/judis/
A.S.No.67 of 2006
and C.M.P.No.2689 of 2006
4. The Acquisition Authority has contended that the land
which is quoted for assessing the market value was sold as housing site.
It is a developed land. The said price cannot be taken as guideline value
for undeveloped land acquired. Rejecting the said plea, the Tribunal has
accepted Ex.P-1, the sale deed dated 27.11.1985, wherein, for a Cent of
land in neighboring survey number, Rs.1029/- was awarded. Taking it as
market price, the compensation was enhanced from Rs.6,000/- to
Rs.1,00,000/- per acre. The said award is under challenge in this appeal.
5. On hearing the learned counsel for the appellant and on
perusing the record, this Court finds that 10 cents of lands owned by the
respondents acquired for public purpose. The said land with 3 coconut
trees were also acquired. Rs.500/- for each coconut tree has been
awarded by the Tribunal by enhancing the award of the Acquisition
Authority at Rs.150/-. Likewise, based on the document Ex.P-1 (sale
deed), compensation enhanced from Rs.60/- to Rs.1,000/-. It is correct to
say, when the neighboring land is a developed land, the same sale price
cannot be applied to the undeveloped land. However, this Court is
https://www.mhc.tn.gov.in/judis/
A.S.No.67 of 2006
and C.M.P.No.2689 of 2006
convinced that even if Ex.P-1 is taken for fixing market value and that
land is a developed land and a housing site, considering the small extent
of land that has been acquired, any reduction for development charges
will substantially prejudice the interest of the land owner. Further more,
this Court finds that for the well developed yielding coconut tree, the
Tribunal has awarded only Rs.500/-, when one tender coconut is sold
atleast for Rs.10/- during the year 1989-90, when the land acquired.
Therefore, in the interest of justice, there is no necessity to interfere with
the award of the Tribunal.
6. In the result, the Appeal Suit is dismissed. Consequently,
connected miscellaneous petition is closed. No costs.
05.02.2021
Index : Yes/No
Internet:Yes/No
rpl
To
The Additional District Court, Dharmapuri.
https://www.mhc.tn.gov.in/judis/
A.S.No.67 of 2006
and C.M.P.No.2689 of 2006
DR.G.JAYACHANDRAN,J.
rpl
A.S.No.67 of 2006
and
C.M.P.No.2689 of 2006
05.02.2021
https://www.mhc.tn.gov.in/judis/
