Madras High Court
The Special Tahsildar vs Perumal Thevar on 7 January, 2021
A.S(MD)Nos.160 to 164 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.S.(MD)Nos.160 to 164 of 2017
and M.P.(MD)Nos.9122 to 9126, 9128 & 9130 of 2017
The Special Tahsildar
(Land Acquisition)
Irukkangudi Reservoir Scheme
Sattur. ... Appellant in
all the A.S.
Vs.
Perumal Thevar ... Respondent in
A.S.(MD)No.160/2017
Mariammal ... Respondent in
A.S.(MD)No.161/2017
Chinnathai ... Respondent in
A.S.(MD)No.162/2017
Perumal ... Respondent in
A.S.(MD)No.163/2017
Jeyalakshmi ... Respondent in
A.S.(MD)No.164/2017
COMMON PRAYER: Appeal Suits filed under Section 54 of the Land
Acquisition Act against the judgment and decree dated 01.10.2004, made in
L.A.O.P.Nos.41 to 45 of 2001 on the file of Subordinate Court at Sivakasi.
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A.S(MD)Nos.160 to 164 of 2017
For Appellant : Mr.J.Gunaseelan Muthaiah
(In all Appeals) Additional Govt. Pleader.
For Respondent
A.S.No.160/2017 : Died
A.S.No.161/2017 : No Appearance
A.S.No.162/2017 : Mr.A.Sivaji
A.S.No.163/2017 : Died
A.S.No.164/2017 : Mr.a.Sivaji
COMMON JUDGMENT
These Appeal Suits have been preferred by the appellant against the Decree
passed in L.A.O.P.Nos.41 to 45 of 2001, dated 01.10.2004 as against the
compensation fixed at Rs.256/- per cent by the Land Acquisition Officer.
2. Heard the learned Additional Government Pleader appearing for the
appellant and the learned counsel appearing for the respondent.
3. The Tribunal has fixed the compensation of Rs.1,200/- per cent. The
acquisition is for the purpose of construction of a dam. The notification under
Section 4(1) of the Act, is dated 02.11.1997. It is represented that for the very
same purpose, the Government has issued different notifications on different dates.
In all the cases, the compensation fixed by the Land Acquisition Officer is only
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A.S(MD)Nos.160 to 164 of 2017
Rs.256/- per cent. In respect of other notifications issued under Section 4(1) of the
Act, the land owners therein had sought for reference under Section 18 of the Act
and got the compensation enhanced at Rs.1,200/- per cent by the Land Acquisition
Tribunal.
4. The Judgment of the land acquisition Tribunal – Subordinate Court,
Sivakasi, was challenged in a batch of first appeals before this Court and by
Judgment dated 30.11.2010, in A.S.Nos.100 to 112 of 2016 etc., batch, this Court
was pleased to dismiss the appeal preferred by the Government, confirming the
quantum of compensation fixed by the Land Acquisition Tribunal at Rs.1,200/- per
cent.
5. Since, the acquisition in the present case is also covered by similar
notification issued for the same purpose and the compensation fixed by the
Tribunal on the basis of comparable sales pertaining to similar lands, long prior to
the notification under Section 4 of the Act, this Court has no hesitation to follow
that the Judgment of this Court in A.S.Nos.100 to 112 of 2016 etc., batch, dated
30.11.2010 can also be applied in the present case.
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A.S(MD)Nos.160 to 164 of 2017
6. Hence, all the Appeal Suits deserve dismissal and the Judgement and
Decree in L.A.O.P.Nos.41 to 45 of 2001, dated 01.10.2004 is confirmed. No costs.
Consequently, connected Miscellaneous petitions are closed.
07.01.2021
Index : Yes/No
Internet : Yes/No
vsm
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 Subordinate Judge, Sivakasi.
2.The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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A.S(MD)Nos.160 to 164 of 2017
N.SATHISH KUMAR, J.
vsm
A.S.(MD)Nos.160 to 164 of 2017
and C.M.P.(MD)Nos.9122 to 9126,
9128 & 9130 of 2017
07.01.2021
http://www.judis.nic.in
