The Special Tahsildar (L.A) vs Raju Chinnathdevar (Died)
2021 Latest Caselaw 2898 Mad

                                                                            A.S.No.459 of 1999

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 08.02.2021

                                                     CORAM:
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                                A.S.No.459 of 1999
                      The Special Tahsildar (L.A).,
                      Periyar Improvement Scheme,
                      Tirumangalam.                         : Appellant / Referring Officer
                                                        Vs.
                      1.Raju Chinnathdevar (Died)
                      2.Mayathevar (Died)
                      3.Poongani
                      4.Devi
                      5.Maran
                      6.Rajeshwari
                      7.Pasumpon                                       : Respondents
                      (Respondent No.2 is brought on record as legal representative of the
                      deceased sole respondent vide order of this Court, dated 28.06.1999 in
                      C.M.P.No.9005 of 1999)
                      (Respondents 3 to 7 are brought on record as legal representatives of the
                      deceased second respondent vide order of this Court, dated 08.02.2021 in
                      C.M.P.(MD).Nos.981 to 983 of 2021)
                      Prayer : This Appeal filed under Section 54 of Land Acquisition Act,
                      against the judgment and decree of the learned I Additional Subordinate
                      Judge, Madurai in L.A.O.P.No.143 of 1990, dated 09.07.1997.


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                                                                         A.S.No.459 of 1999




                                For Appellant      : Mr.J.Gunaseelan Muthiah
                                                    Additional Government Pleader
                                For Respondents    : Mr.P.Thiyagarajan
                                                     ********
                                                  JUDGMENT

***********

Aggrieved over the enhanced compensation fixed by the Land

Acquisition Tribunal, the present Appeal came to be filed by the

appellant herein.

2. By the notification, dated 28.01.1987, the lands were

acquired in Survey No.3/2-b-0.21.0G.D., 12/1B1B-0.02.5 G.D., S.No.

12/2B.2B–0.02.05 in Karumathoor Village, Usilampatty Taluk, Madurai

District, for the purpose of excavation of a canal for the Periyar

Improvement Scheme. The Land Acquisition Officer has fixed the

compensation at the rate of Rs.40.34/- per cent. Aggrieved over the

same, the matter was referred to the Reference Court. The claimant

adduced the evidence.

http://www.judis.nic.in A.S.No.459 of 1999

3. During trial, on the side of the claimant, C.W.1 was

examined and Ex.A.1 to Ex.A.4 were marked. On the side of the

respondent, R.W.1 was examined and Ex.B.1 was examined.

4. Considering the lie and location of the property and also

considering the lands which were acquired for the same purpose, the

compensation already fixed by the earlier acquisition proceedings was at

the rate of Rs.150/- per cent, the Reference Court has enhanced the

compensation at the rate of Rs.300/- per cent. As against, the present

Appeal came to be filed.

5. Heard the learned counsel appearing on either side.

6. The only point that arose for consideration is whether the

enhanced compensation fixed by the Land Acquisition Tribunal is a

reasonable one and it is fixed based on the evidence and as per law?

http://www.judis.nic.in A.S.No.459 of 1999

7. The Land Acquisition Tribunal, taking note of the earlier

acquisition proceedings, has fixed the compensation at the rate of Rs.150

per cent. Further, it is also considered that the acquired land are

irrigated lands. In view of the channels built in the centre of the land and

the usage of the lands was also restricted and taking note of the nature of

the crops raised in the lands, namely, plantains and sugarcanes, the Land

Acquisition Tribunal has enhanced the compensation at the rate of

Rs.300/- per cent.

8. The learned Additional Government Pleader is not able to

point out any reasonable point as against the order passed by the Land

Acquisition Tribunal.

9. On a perusal of the entire materials and documents, this

Court is of the view that there is no infirmity in the order passed by the

Land Acquisition Tribunal. Considering the lie and location of the

http://www.judis.nic.in A.S.No.459 of 1999

property and also considering the nature of crops raised in the land which

are also commercial in nature, the Land Acquisition Officer has fixed the

compensation at the rate of Rs.300/- per cent, this Court finds no merit in

this appeal. Accordingly, the point is answered.

10. In the result, the Appeal Suit stands dismissed. No costs.

                                                                           08.02.2021
                      Index      : Yes/No
                      Internet : Yes/No
                      tsg
                      To

1.The I Additional Sub-Ordinate Judge, Madurai.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in A.S.No.459 of 1999

N.SATHISH KUMAR, J

tsg

Judgment made in A.S.No.459 of 1999

Dated: 08.02.2021

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