Madras High Court
The Special Tahsildar(Land ... vs Usha ... 1St on 29 January, 2021
A.S.(MD)No.139 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD)No.139 of 2018
and
C.M.P.(MD).No.7398 of 2018
The Special Tahsildar(Land acquisition),
Madurai South Rural Scheme,
Madurai-20. ... Appellant/1st Respondent
Vs.
1.Usha ... 1st Respondent/claimant
2.The Executive Engineer,
The Administrative Officer,
Tamil Nadu Housing Board,
Ellies Nagar,
Madurai-10. .. 2nd Respondent/Beneficiary
PRAYER: Appeal Suit filed under Section 54 of the Land Acquisition Act against
the judgment and decree of the learned II-Additional Subordinate Judge, Madurai
in L.A.O.P.No.13 of 2010 dated 17.02.2014.
For Appellant : Mr.J.Gunaseelan Muthaiah
Additional Government Pleader
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A.S.(MD)No.139 of 2018
Respondent No.1 : Tapal returned
For Respondent No.2 : Mr.R.Janarthanan
JUDGMENT
Aggrieved over the order of the Tribunal, enhancing the compensation
from Rs.45/- per cent to Rs.2,000/- per cent, the present Appeal suit has been filed
by the appellant herein.
2. The brief facts, leading to file the appeal suit, is as follows:
An extent of 11 cents 23 sq.ft of land of the first respondent herein
situated in S.Nos.38/2B and 38/3 at Thoppur Village was acquired on 31.01.1989
after issuing notification under Section 4 (1) of the Land Acquisition Act dated
30.12.1986 for development of the Madurai Corporation. The Land Acquisition
Officer has fixed the compensation at Rs.45/- per cent, whereas the Reference
Court has enhanced the compensation from Rs.45/- per cent to Rs.2,000/- per cent.
Challenging the same, the present appeal suit has been filed.
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A.S.(MD)No.139 of 2018
3. The learned Additional Government Pleader appearing for the
appellant would submit that the compensation enhanced by the Reference Court is
against law and the Court has failed to compare the location, nature of land,
vicinity and locality before enhancing the market value. Therefore, the
enhancement made by the Reference Court is not based on evidence and hence,
prays for allowing the appeal suit.
4. The point arises for consideration is;
“Whether the compensation enhanced by the Tribunal is reasonable or
require any modification?”
5. The subject property and other properties situated in Thoppur village
was acquired for Madurai South Neighbourhood Scheme by the Tamilnadu
Housing Board. The Land Acquisition Officer has fixed Rs.45/- per cent. Similarly
situated lands which were acquired for the same purpose, several appeals were
already filed before this Court in batch of cases, namely, A.S.Nos.884 of 1992 and
batch. The enhancement of compensation fixed for the lands, which were acquired
by the Tamilnadu Housing Board for the purpose of Madurai South
Neighbourhood Scheme was dealt with by this Court in the above appeals. The
Hon'ble Division Bench of this Court in another batch of appeals in A.S.Nos.38 of
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A.S.(MD)No.139 of 2018
1958 and batch., also confirmed the orders of the Land Acquisition Tribunal.
Recently in A.S.(MD).No.158 of 2018, this Court, by order, dated 04.12.2020,
considering the earlier judgments passed by this Court, has confirmed the market
value fixed by the Land Acquisition Tribunal to the tune of Rs.2000/- per cent.
6. The learned Additional Government Pleader would submit that the
above said appeals already reached finality. In such view of the matter, the same
compensation which has already been confirmed by this Court could be adopted in
this case. Therefore, this Court is of the view that the order of the Reference Court
is well reasonable and based on the factual aspects. Accordingly, this Court does
not find any infirmity or error in the order. Accordingly, the point for consideration
is answered.
7. In the result, the Appeal Suit is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
29.01.2021
Index : Yes/No
Internet : Yes/No
PJL
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A.S.(MD)No.139 of 2018
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 II-Additional Subordinate Judge,
Madurai.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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A.S.(MD)No.139 of 2018
N.SATHISH KUMAR, J.
PJL
A.S.(MD)No.139 of 2018
29.01.2021
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