Madras High Court
The Special Tahsildar (Land ... vs R.Panchavarnam on 27 January, 2021
A.S.(MD)No.23 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.23 of 2015
and
MP(MD)No.1 of 2015
The Special Tahsildar (Land Acquisition)
South Neighbourhood Scheme,
Unit - I, Madurai. ..Appellant/Referring Officer
Vs.
S.Ramanujam (died)
1.R.Panchavarnam
2.R.Kannan
3.R.Hariharan ..Respondents 1 to 3 /Claimants 2 to 4
4.The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Madurai. ..4th Respondent /Beneficiary
PRAYER: Appeal filed under Section 54 of the Land Acquisition Act,
against the judgment and decree dated 17.01.2002, made in L.A.O.P.
No.59 of 1991 on the file of III Additional Subordinate Court, Madurai.
1/8
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A.S.(MD)No.23 of 2015
For Appellant : Mr.J.Gunaseelan Muthaiah
Additional Government Pleader
For Respondents 1 to 3 : Mr.J.Bharathan
----
JUDGMENT
Aggrieved over the order of the Reference Court, enhancing
the compensation from Rs.70/- per cent to Rs.1,500/-per cent, the present
Appeal Suit has been filed by the State Government / Appellant.
2. The brief facts, leading to file the appeal suit, are as
follows:
The land in survey Nos.49/6, 52/3 and 52/4B, measuring
and extent of 1.2 acres wet lands in Thathaneri Near Village, Madurai
North Taluk, is acquired for Tamil Nadu Housing Board. The Land
Acquisition Officers fixed the compensation, at the rate of Rs.70/- per
cent. A reference under Section 18 of Land Acquisition Act, had been
sent to the Tribunal / Additional Sub-Court, Madurai.
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A.S.(MD)No.23 of 2015
3.Before the Tribunal, P.W.1 and P.W.2 were examined on
the side of the claimants and Exs.P.1 to Exs.P.8 were marked. No
evidence was adduced on the side of the appellant.
4.The Tribunal, after considering the evidence on record,
has fixed the compensation at the rate of Rs.1,500/- per cent with 30%
solatium and 12% additional amount and interest at the rate of 15%.
Challenging the above, the present appeal is filed.
5. The learned Additional Government Pleader appearing
for the appellant mainly contended that these survey numbers and other
survey numbers which are contiguous in nature measuring an extent of
301.73 acres in Thathaneri Village, were acquired for the Madurai North
Neighbourhood Land Development Scheme. The said survey number is
the subject-matter of this appeal situated at Thathaneri Village and the
Land Acquisition Officer has fixed Rs.75/- per cent. The Tribunal has
enhanced the compensation at the rate of Rs.1,500/- per cent.
6. The learned Additional Government Pleader appearing
for the appellant further contented that similarly placed lands in the same
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A.S.(MD)No.23 of 2015
location and area, similar compensation has been fixed by the Tribunal.
As against which several appeals have been filed before this Court and
the Division Bench of this Court, in the case of Special Tahsildar (LA)
North Neighbour-hood Project, Madurai Vs. Thangammal (Appeal
No.762 of 1987, dated 25.10.1989 and Appeal Nos.538 of 1987 and
1226 of 1988, dated 25.09.1989) fixed the compensation at the rate of
Rs.1,050/- per cent. The above appeal survey numbers are 47 and 55,
which is adjoining survey numbers of this survey numbers. Hence, the
contention is that the survey numbers, which are contagious in nature and
the Division Bench has already fixed the compensation at the rate of Rs.
1,050/- per cent. The Tribunal fixed the compensation at the rate of Rs.
1,500/- has been reduced in view of the compensation already settled in
the earlier judgments.
7.The learned counsel appearing for the respondent
submitted that the Tribunal has taken note of the lie and location of the
area and the earlier compensation order passed by the Tribunal in respect
of the same survey number. Therefore, he submitted that the Tribunal
has arrived a compensation, which is reasonable and the same need not
be interfered.
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A.S.(MD)No.23 of 2015
8. In the light of the submissions made by the learned
Additional Government Pleader appearing for the appellant, now the
points that arose for consideration is whether the compensation fixed by
the Tribunal is excessive or based on any materials?
9.I have Perused the entire materials.
10.Admittedly, in three survey numbers 49/6, 52/3 and
52/4B, totally an extent of 1.2 acres were acquired. The lands were
situated in Thathaneri Village and compensation originally fixed by the
Land Acquisition Officer was RS.70/- per cent. Under reference, it was
enhanced to various amounts ranging from Rs.600/- to Rs.1,500/-. The
awards have been challenged before this Court. In Division Bench
Judgments referred supra and further appeals A.S.Nos.314 to 319, 321 to
328 of 1987 etc., batch, dated 14.10.1998, considering the earlier
Division Bench Judgment and fixed the value of per cent at the rate of
Rs.1,050/- in respect of same land acquired under Thathaneri Village.
This appeal is pertaining to Survey Nos.49/6, 52/3 and 52/4B and
adjacent lands survey number already dealt in the earlier judgment
referred above. This court referred the judgment of the Division Bench
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A.S.(MD)No.23 of 2015
of this Court and the Single Bench, granted compensation for the above
lands only at the rate of Rs.1,050/- per cent. Though the Tribunal has
taken note of the lie and location of the earlier sale deeds, this Court has
also considered the similar situation in the earlier judgments and fixed
the compensation at the rate of RS.1,050/- per cent. Such view of the
matter, the compensation for the entire area in Thathaneri Village was
fixed at Rs.1,050/- per cent. This Court is of the view that to maintain
uniformity and particularly, the survey number is also adjoining survey
numbers, which were dealt with in the earlier litigation, the same
compensation to be adopted.
11.Accordingly, the compensation enhanced by the Tribunal
to the tune of Rs.1,500/- per cent is modified to Rs.1,050/- per cent. Rest
of the findings and directions rendered by the Tribunal is confirmed.
12.Accordingly, this Court has fixed the compensation at the
rate of Rs.1,050/- per cent. The Land Acquisition Officer is directed to
pay that amount with interest at the rate, as ordered by the Land
Acquisition Tribunal.
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A.S.(MD)No.23 of 2015
13. Accordingly, this appeal suit is partly allowed with the
above modification. 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.
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.
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A.S.(MD)No.23 of 2015
N.SATHISH KUMAR,J.
RM
A.S.(MD)No.23 of 2015
27.01.2021
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