Madras High Court
The Project Director vs The Special Tahsildar on 20 January, 2021
A.S.No.913 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
A.S.No.913/2020 and CMP.No.12313/2020
The Project Director,
National Highways Authority of India,
Ministry of Road Transport and Highways
Office of the Project Officer,
Project Implementation Unit,
No.7, Kamadhenu Nagar,
Karur-639 001. ... Appellant
-vs-
1. The Special Tahsildar
(Land Acquisition Officer),
Byepass Road, Namakkal,
now at the office of the
Tahsildar, Namakkal.
2. The Divisional Engineer,
National Highways, Salem-5.
3. Ponusamy (died)
4. Chandra
5. Sureshkumar
6. Tamilselvi ... Respondents
1/6
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A.S.No.913 of 2020
First Appeal filed under Section 54 of the Land Acquisition Act
against the judgment and decree made in L.A.O.P.No.5 of 2006 dated
22.09.2017 by the learned Subordinate Judge, Namakkal.
For Appellant : Mr.SU.Srinivasan
For Respondents : Mr.J.Rajagopal,|
Special Government Pleader for R1
Mr.P.K.Shivakumar for R4 to 6
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
The First Appeal has been preferred against the judgment and decree
passed in L.A.O.P.No.5 of 2006 dated 22.09.2017 by the learned
Subordinate Judge, Namakkal.
2. During the pendency of the First Appeal, both the parties,
namely, the appellant-Project Director, National Highways Authority of
India, Ministry of Road Transport and Highways, Karur and the private
respondents 3 to 5, namely, land owners, have entered into a compromise
and a Joint Compromise Memo dated 28.12.2020 has been filed before the
Registry of our High Court on 11.01.2021, signed by both the parties.
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A.S.No.913 of 2020
3. Learned Counsel on either side stated that the National
Highways Authority of India, the Special Tahsildar and the Land
Owners/private respondents herein are agreeing for the terms and conditions
mentioned in the joint compromise memo. Consequently, none of the
parties/successors/legal heirs, hereinafter will make any further claim in
whatsoever manner in any forum on any grounds.
4. The appellant National Highways Authority of India has filed
this appeal against the judgment and decree passed by the learned
Subordinate Judge, Namakkal in LAOP.No.5/2006 dated 22.09.2017,
enhancing the compensation from Rs.0.57/- per sq.ft. to Rs.80/- per sq.ft. for
the acquired lands of the 1st respondent herein whereas in an appeal filed in
A.S.Nos.513 to 527/2015 and 537/2015, a Division Bench of this Court
vide judgment dated 22.03.2018 modified the judgment and decree by
reducing the compensation per square feet at Rs.67/- instead of Rs.80/- for
the same village and the compensation was also paid to the land owners as
per the reduced amount of Rs.67/- per sq.ft. While so, since the land
owners/private respondents in this appeal also have expressed their
willingness for accepting compensation fixing at Rs.67/- per sq.ft. instead of
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A.S.No.913 of 2020
Rs.80/- per sq.ft. as ordered by the learned Subordinate Judge, Namakkal,
the said offer was accepted by the appellant National Highways Authority of
India.
5. In view of the above, the appellant and the land owners/private
respondents 3 to 5 in this appeal have jointly expressed their willingness
and accepting to pay and receive the compensation for the acquired lands in
the following manner:
(a) A calculating @ Rs.67/- per sq.ft. for the acquired lands of the
private respondent + 30% of the Solatium amount + 12% additional amount
of the award amount from the date of 4(1) Notification i.e. from 25.10.1993
till the date of pronouncement of award i.e. 05.10.1995; and
(b) The respondent/land owner is entitled to receive the Annual
interest for the enhanced award amount from 06.10.1995 to 05.10.1996 at
the rate of 9% and thereafter {(i.e.) from 6.10.1996} entitled for the interest
at the rate of 15% to the said enhanced Award amount less the land value
amount already received by the respondent/land owner until the balance
land value amount is deposited by the Land Acquisition Officer to the credit
of the LAOP. and the remaining part of award passed by the Sub-Court,
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A.S.No.913 of 2020
Namakkal in LAOP.No.5 of 2006 shall remain unaltered;
6. Accordingly, the First Appeal is disposed of in terms of the
Joint Compromise Memo dated 28.12.2020. Needless to mention that the
Compromise Memo shall form part of the decree. This Court grants two
weeks time from the date of receipt of a copy of this order to the appellant
for depositing the entire decreetal amount. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
(T.R.J.,) (G.C.S.J.,)
20.01.2021
tsi
To
The Subordinate Judge, Namakkal.
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A.S.No.913 of 2020
T.RAJA, J.
and
G.CHANDRASEKHARAN,J.
tsi
A.S.No.913/2020
20.01.2021
https://www.mhc.tn.gov.in/judis/
