The Special Tahsildar vs Bashruddin
2021 Latest Caselaw 2794 Mad

                                                                                  A.S.No.764 of 2002

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 05.02.2021

                                                   CORAM:

                          THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                              A.S.No.764 of 2002
                 The Special Tahsildar,
                 (Land Acquisition),
                 South Neighbourhood Scheme,
                 Unit III, Madurai.                                ...Appellant/Referring Officer

                                                     Vs.

                 1.Bashruddin                                      ..Respondent/Claimant

                 2.The Executive Engineer and
                      Administrative Officer,
                   Tamil Nadu Housing Board,
                   Madurai.                                        ...Respondent/Beneficiary


                 PRAYER: This Appeal Suit is filed under Section 54 of the Land Acquisition
                 Act, against the judgment and decree of the learned I Additional
                 Subordinate Court, Madurai in L.A.O.P.No.109 of 1995 dated 27.02.1998.


                                  For Appellant     : Mr.J.Gunaseelan Muthiah
                                                      Additional Government Pleader
                                  For R1            : Mr.C.Sundaravadivel
                                  For R2            : Mr.R.Janarthanan


                                                  JUDGMENT

Aggrieved over the order of the Land Acquisition Tribunal

enhancing the compensation from Rs.122.22/- per cent to Rs.1,500/- per

cent, the present appeal suit came to be filed.

http://www.judis.nic.in A.S.No.764 of 2002

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 0.64.0 hectares in Survey No.67/6, Uchampatti

Village, Tirumangalam Taluk, Madurai was acquired under a notification

issued under Section 4(1) of the Land Acquisition Act on 25.04.1991, for the

purpose of constructing houses for the Tamil Nadu Housing Board. The

Land Acquisition Officer fixed the compensation at the rate of Rs.122.22/-

per cent. Thereafter, the matter has been referred to the Tribunal under

Section 18(1) of the Act as the claimants have claimed Rs.1,500/- per sq.ft.

as compensation.

(ii) Before the Tribunal, on the side of the claimant, C.W.1 was

examined and Exs.C1 to C4 were marked and on the side of the respondent

R.W.1 was examined and Ex.R1 was marked.

(ii) The Land Acquisition Tribunal after considering the evidences

and materials placed before it, has enhanced the compensation from

Rs.122.22/- per cent to Rs.1,500/- per cent with 30% solatium with

necessary interest. Challenging same, the present appeal is filed.

http://www.judis.nic.in A.S.No.764 of 2002

4. Heard the learned Additional Government Pleader appearing for

the appellant.

5. In the light of the above, now the point arises for consideration

in this appeal is:

(i) Whether the compensation enhanced by the

Land Acquisition Tribunal is unreasonable and without any

basis?

6. On perusal of the entire materials, it reveals that the Tribunal

has also considered the location of the property and nature of the

development took place in the nearby properties and enhanced the

compensation to Rs.1,500/- per cent and Ex.C3 in fact shows that the land

has been sold for higher value in the year 1988 itself. Therefore, this Court

is of the view that the order of the Tribunal is well reasonable and based on

the factual aspects. Accordingly, this Court does not find any infirmity or

error in the order. Accordingly, the point for consideration is answered.

http://www.judis.nic.in A.S.No.764 of 2002

7. In the result, the present Appeal Suit is dismissed confirming the

judgment and decree of the I Additional Sub Court, Madurai in L.A.O.P.No.

109 of 1995 dated 27.02.1998. No costs.

                                                                                  05.02.2021
                 Index    : Yes/No
                 Internet : Yes/No
                 ta

                 To

1.The I Additional Subordinate Court, Madurai

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in A.S.No.764 of 2002

N.SATHISH KUMAR, J.

ta

Judgment made in A.S.No.764 of 2002

05.02.2021

http://www.judis.nic.in