Madras High Court
The Special Tahsildar vs S.A.Noorjahan Beevi on 27 January, 2021
A.S.(MD)No.205 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.205 of 2015
and
M.P.(MD)No.1 of 2015
The Special Tahsildar
The Land Acquisition Officer,
Adi Dravidar Welfare,
Paramakudi. ...Appellant/Respondent
Vs.
S.A.Noorjahan Beevi ...Respondent/Respondent
PRAYER: This Appeal Suit is filed under Section 54 of the Land Acquisition
Act, against the judgment and decree of the Sub Court, Paramakudi made in
L.A.O.P.No.20 of 2000 dated 09.09.2008.
For Appellant : Mr.J.Gunaseelan Muthiah
Additional Government Pleader
For Respondent : No Appearance
JUDGMENT
Aggrieved over the order of the Tribunal enhancing the
compensation from Rs.160/- per cent to Rs.1,800/- per cent, the present
appeal suit came to be filed.
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A.S.(MD)No.205 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) The claimant is the owner of the property in Survey No.179/2
for an extent of 0.78.5 hectares (1 acre and 94 cents), which was acquired
for issuance of free house site patta for the people belonging to Adi
Dravidar Community. The Land Acquisition Officer fixed the value of the
property at the rate of Rs.160/- per cent (totally Rs.45,451/-). Thereafter,
the matter has been referred to the Tribunal under Section 18(1) of the Act.
(ii) Before the Tribunal, on the side of the claimant, P.W.1 was
examined and Exs.P1 to P4 were marked and on the side of the respondent
R.W.1 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
Rs.1,800/- per cent with 30% solatium with interest at the rate of 12%.
Challenging same, the present appeal is filed.
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A.S.(MD)No.205 of 2015
5. The learned Additional Government Pleader appearing for the
appellant submitted that since the land is acquired for issuance of house
site patta to the Adi Dravidar People development charges should have been
deducted by the Land Acquisition Tribunal and hence, the said finding
needs interference of this Court. He would further submit that amount
fixed by the Land Acquisition Officer to the lands for an extent of 30 cents in
the same survey number has already been disbursed to the claimants.
6. There is no representation on the side of the respondent.
7. In the light of the above submission, now the points arise for
consideration in this appeal are:
(i) Whether the compensation fixed by the Tribunal
is reasonable?
(ii) Wether the Land Acquisition Tribunal has erred
in not deducting the development charges?
8. The land in question was acquired for issuance of free house site
patta to the Adi Dravidar Community People. The Land Acquisition Tribunal
has considered Exs.P1 to P4, besides the lie and location of the property
and enhanced the compensation at the rate of Rs.1,800/- per cent. It is
submitted by the learned Additional Government Pleader that the
compensation fixed by the Land Acquisition Officer in respect of the part of
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A.S.(MD)No.205 of 2015
the property was also disbursed, however, development charges have not
been deducted in that cases also.
9. The acquired lands are situated within the developed area and
dwelling houses were also constructed. Though development charges are
also required to be deducted, as the appellant has paid the amount already
fixed by the Tribunal to some of the claimants in respect of the lands
acquired for the same purpose in the same place, they now cannot adopt a
different standard in respect of this respondent seeking to deduct
development charges.
10. Such view of the matter, this Court does not find any error in
the order of the Tribunal. Accordingly, the points arose for consideration in
this appeal are answered.
11. In the result, the present Appeal Suit is dismissed confirming
the judgment and decree of the Sub Court, Paramakudi made in L.A.O.P.No.
20 of 2000 dated 09.09.2008. 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.205 of 2015
To
1.The Sub Court, Paramakudi
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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A.S.(MD)No.205 of 2015
N.SATHISH KUMAR, J.
ta
Judgment made in
A.S.(MD)No.205 of 2015
27.01.2021
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