Madras High Court
Revenue Divisional Officer vs S.Meenakshi on 27 January, 2021
A.S.(MD)No.28 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD)No.28 of 2015
and Cross Objection (MD)No.13 of 2015
and MP(MD)No.1 of 2015
Revenue Divisional Officer
(Land Acquisition), Madurai.
..Appellant/Referring Officer in A.S(MD)No.28 of 2015
..Respondent in Cross Objection (MD)No.13 of 2015
Vs.
S.Meenakshi ..Respondent/Claimant in A.S(MD)No.28 of 2015
..Cross Objector in Cross Objection (MD)No.13 of 2015
Prayer in A.S(MD)No.28 of 2015 : Appeal filed under Section 54 of
the Land Acquisition Act, against the judgment and decree dated
30.06.2004, made in L.A.O.P.No.147 of 1999 on the file of III
Additional Subordinate Court, Madurai.
Prayer in Cross Objection (MD)No.13 of 2015 : Cross Objection filed
under Order 41 Rule 22 of Civil Procedure Code, against the Judgement
and Decree dated 30.06.2004, made in L.A.O.P.No.147 of 1999 on the
file of III Additional Subordinate Court, Madurai.
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A.S.(MD)No.28 of 2015
For Appellant in A.S(MD)No.28 of 2015
Respondent Cross Objection (MD)No.13 of 2015
: Mr.J.Gunaseelan Muthaiah
Additional Government Pleader
For Respondent in A.S(MD)No.28 of 2015
Cross Objector in Cross Objection (MD)No.13 of 2015
: No Appearance
----
COMMON JUDGMENT
Aggrieved over the order of the Reference Court, enhancing
the compensation from Rs.550/- per cent to Rs.4,400/- per cent, the
present Appeal Suit has been filed by the State Government / Appellant.
2.The survey number and other vast areas were acquired for
the purpose of construction of the High Court Bench at Madurai. In the
present appeal, the subject matter of the land is only 0.02.0 Hectare in
Survey numbers 24/1. In a reference, it is the contention of the claimants
that the lands acquired, which is situated near agricultural college and
bus stand and Highways and there are many colleges and theatres are
also come up and hence, sought to enhance the compensation at the rate
of Rs.15,000/- per cent.
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A.S.(MD)No.28 of 2015
3.The land acquisition tribunal finding that smaller extent
was sold under Ex.A.1 and Ex.A.2 for Rs.30,000/- percent and also
taking note of the location of the area, enhanced the compensation from
Rs.550/- to Rs.4400/- per cent.
4.The Cross Objection also filed for enhancement of the
compensation. The Cross Objector has contended that the market value
of the land at the time of acquisition is Rs.30,000/- and acquired land
situated abutting the main road. The trial Court having fixed the
compensation at the rate of Rs.5500/- and Rs.7,200/- for the other lands
acquired in the same acquiring proceedings, ought to have fixed the same
compensation. Hence, the Cross Objection is filed.
5.I have Perused the entire materials.
6.No dispute that an extent of 0.02.0 Hectares is also one
piece of land acquired along with the other larger area for the
construction of the High Court building. The survey number of the land
is 24/1.
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A.S.(MD)No.28 of 2015
7.Now the points arose for consideration in this appeal is
whether the compensation fixed by the tribunal is reasonable or liable to
be enhanced?
8.It is not in dispute by both sides that these lands and other
areas were acquired for the purpose of construction of the High Court
Building, Madurai Bench are contiguous and situated were acquired and
several appeals were filed before this Court. The Division Bench of this
Court, in the Appeal Suit Nos.220 of 2007, 105 & 11 of 2008 etc batch,
has fixed the compensation in the various appeals at the rate of
Rs.5400/- per cent, vide order, dated 16.07.2010. Since the subject
matter of this appeal is also arising out of the same acquisition
proceedings for the same purpose, a uniform rate can be fixed, as decided
by the Division Bench of this Court, referred above, vide order dated
16.07.2010.
9.Accordingly, this Court enhanced the compensation from
Rs.4,400/- to Rs.5,400/- per cent fixed by this Court in respect of other
lands which are situated contiguously. Accordingly, the compensation
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A.S.(MD)No.28 of 2015
fixed by the Tribunal is enhanced to Rs.5,400/- . In all other aspects, the
order of the Tribunal is hereby confirmed.
10.Accordingly, this Court has fixed the compensation at the
rate of Rs.5,400/- per cent. The Land Acquisition Officer is directed to
pay that amount with interest at the rate, as ordered by the Land
Acquisition Tribunal.
11. Accordingly, this appeal suit is dismissed and the Cross
Objection is allowed. No costs. Consequently, connected miscellaneous
petition is closed.
27.01.2021
Index : Yes/No
Internet : Yes/No
rm
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
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A.S.(MD)No.28 of 2015
N.SATHISH KUMAR,J.
RM
To
1.The III Additional Subordinate Judge,
III Additional Subordinate Court,
Madurai.
2.The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
A.S.(MD)No.28 of 2015
and
Cross Objection (MD)No.13 of 2015
27.01.2021
http://www.judis.nic.in
