Madras High Court
The Special Tahsildar vs Paulraj on 27 January, 2021
A.S.(MD)No.33 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.33 of 2015
and
M.P.(MD)No.1 of 2015
The Special Tahsildar
The Land Acquisition Officer,
Irukkangudi Reservoir Scheme,
Sattur. ...Appellant/Referring Officer
Vs.
Paulraj ...Respondent/Claimant
PRAYER: This Appeal Suit is filed under Section 54 of the Land Acquisition
Act, against the decree and judgment of the learned Sub Judge of Sivakasi
in L.A.O.P.No.176 of 2002 dated 27.12.2004.
For Appellant : Mr.J.Gunaseelan Muthiah
Additional Government Pleader
For Respondent : Mr.P.Ganapathi Subramaniam
JUDGMENT
Aggrieved over the order of the Tribunal enhancing the
compensation from Rs.85/- per cent to Rs.1,200/- per cent, the present
appeal suit came to be filed.
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A.S.(MD)No.33 of 2015
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) Total extent of 128.85.5 Hectares of Ryotwari Land was
acquired at Alampatti Village in Sattur Taluk, Virudhunagar District for the
purpose of constructing a reservoir under the Irukkangudi Reservoir
Scheme. The claimant is the owner of one of the properties acquired for the
said purpose in Survey No.97/1A for an extent of 0.89.0 hectares. The Land
Acquisition Officer fixed the value of the property at the rate of Rs.85/- per
cent. Thereafter, the matter has been referred to the Tribunal under
Section 18(1) of the Act as the claimants have claimed Rs.5,000/- per cent
as compensation.
(ii) Before the Tribunal, on the side of the claimant, C.W.1 was
examined and Exs.C1 and C2 were marked and on the side of the
respondent no witness was examined and Exs.R1 to R4 were marked.
4. The Land Acquisition Tribunal after considering both the
documents and oral evidence has enhanced the compensation at the rate of
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A.S.(MD)No.33 of 2015
Rs.1,200/- per cent with 30% solatium with necessary interest. Challenging
same, the present appeal is filed.
5. The learned Additional Government Pleader appearing for the
appellant submitted that the Government has already filed A.S.Nos.65 to 67
and 69 to 73 of 2006 in respect of the same issue on hand and this Court
has also dismissed all the Appeal Suits on 28.10.2010 confirming the
compensation fixed by the Land Acquisition Tribunal.
6. The learned counsel appearing for the respondents has also
conceded to the submission of the learned Additional Government Pleader.
He would further submit that in a similar matter this Court has also
dismissed the appeals filed by the Government confirming the order of the
Land Acquisition Tribunal on 07.01.2021 in A.S.Nos.160 to 164 of 2017.
7. In the light of the above submission, now the point arises for
consideration in this appeal are:
(i) Wether the compensation arrived by the Tribunal
is liable to interfered with?
8. The acquired property is situated in Alampatti Village, Sattur
Taluk, Virudhunagar District and the acquisition was made only for the
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A.S.(MD)No.33 of 2015
purpose of constructing a Reservoir. The Land Acquisition Tribunal has
fixed the compensation based on Exs.C1 and C2, sale deeds, which are
much prior to the notification issued under Section 4(1) of the Land
Acquisition Act.
9. In A.S.Nos.65 to 67 and 69 to 73 of 2006 pertaining to the same
notification, this Court after considering the case in extensive has confirmed
the compensation arrived by the Land Acquisition Tribunal even in the year
2010 and no appeal was filed against the said judgment.
10. This Court has also perused the order of the Land Acquisition
Tribunal and the earlier judgment of this Court in respect of the same issue.
This Court does not find any error in the order of the Tribunal. Accordingly,
the point arose for consideration in this appeal is answered.
11. In the result, the present Appeal Suit is dismissed confirming
the judgment and decree of the Sub Court, Sivakasi in L.A.O.P.No.176 of
2002 dated 27.12.2004. No costs. Consequently, connected miscellaneous
petition is also closed.
27.01.2021
Index : Yes/No
Internet : Yes/No
ta
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A.S.(MD)No.33 of 2015
To
1.The Sub Court, Sivakasi.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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A.S.(MD)No.33 of 2015
N.SATHISH KUMAR, J.
ta
Judgment made in
A.S.(MD)No.33 of 2015
27.01.2021
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