Madras High Court
The Project Officer vs The Divisional Engineer on 8 March, 2021
A.S.Nos.959, 960 & 962 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.03.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
A.S.Nos.959, 960 and 962 of 2020
The Project Officer,
National Highways Authority of India,
Ministry of Road Transport and Highways
Office of the Project Officer,
Project Implementation Unit,
No.7, Kamadhenu Nagar,
Karur-639 001. ... Appellant in all A.Ss.
-vs-
The Special Tahsildar
(Land Acquisition Officer),
Byepass Road, Namakkal,
now at the office of the
Tahsildar, Namakkal.
The Divisional Engineer,
National Highways, Salem-5. ... Respondents 1 & 2 in all A.Ss.
Palaniyappan (died)
Chellammal
Kuppusamy ... Respondents 3 and 4 in A.S.No.959/20
KaruppaGounder ... Respondent No.3 in A.S.No.960/20
V.K.Ramasamy ... Respondent No.3 in A.S.No.962/20
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A.S.Nos.959, 960 & 962 of 2020
First Appeals filed under Section 54 of the Land Acquisition Act against
the judgment and decree made in L.A.O.P.Nos.4, 9 and 5 of 2005, respectively,
dated 22.09.2017 by the learned Subordinate Judge, Namakkal.
For Appellant : Mr.SU.Srinivasan
For R1 : Mr.J.Rajagopal,
Special Government Pleader for R1
For R3 in all A.Ss.
& For R4 in A.S.No.959/20 : Mr.P.K.Shivakumar for R3 & R4
COMMON JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
First Appeals have been preferred against the judgment and decree
passed in L.A.O.P.Nos.4, 9 and 5 of 2005, respectively, dated 22.09.2017, by the
learned Subordinate Judge, Namakkal.
2. During the pendency of the First Appeals, both the parties, namely, the
appellant-Project Officer, National Highways Authority of India, Ministry of
Road Transport and Highways, Karur, and the private respondents, namely,
land owners, have entered into a compromise and a Joint Compromise Memo
dated 28.12.2020 has been filed before the Registry of our High Court on
26.02.2021, signed by both the parties.
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A.S.Nos.959, 960 & 962 of 2020
3. Learned Counsel on either side stated that the National Highways
Authority of India, the Special Tahsildar and the Land Owners/private
respondents herein are agreeing for the terms and conditions mentioned in the
Joint Compromise Memo. Consequently, none of the parties/successors/legal
heirs, hereinafter will make any further claim in whatsoever manner in any
forum on any grounds.
4. The appellant/National Highways Authority of India has filed these
appeals against the judgment and decree passed by the learned Subordinate
Judge, Namakkal in L.A.O.P.Nos.4, 9 and 5 of 2005, respectively, dated
22.09.2017, enhancing the compensation from Rs.0.57/- per sq.ft. to Rs.80/- per
sq.ft. for the acquired lands of the private respondents, whereas in an appeal
filed in A.S.Nos.513 to 527/2015 and 537/2015, a Division Bench of this Court vide
judgment dated 22.03.2018 modified the judgment and decree by reducing the
compensation per square feet at Rs.67/- instead of Rs.80/- for the same village
and the compensation was also paid to the land owners as per the reduced
amount of Rs.67/- per sq.ft. Whileso, since the land owners/private respondents
in these appeals also have expressed their willingness for accepting
compensation fixing at Rs.67/- per sq.ft. instead of Rs.80/- per sq.ft. as ordered by
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A.S.Nos.959, 960 & 962 of 2020
the learned Subordinate Judge, Namakkal, the said offer was accepted by the
appellant/National Highways Authority of India.
5. In view of the above, the appellant and the land owners/private
respondents in these appeals have jointly expressed their willingness and
accepted to pay and receive the compensation for the acquired lands in the
following manner:
(a) A calculating @ Rs.67/- per sq.ft. for the acquired lands of the private
respondent + 30% of the Solatium amount + 12% additional amount of the award
amount from the date of 4(1) Notification i.e. from 25.10.1993 till the date of
pronouncement of award i.e. 05.10.1995; and
(b)Respondents/land owners are entitled to receive the Annual interest for
the enhanced award amount from 06.10.1995 to 05.10.1996 at the rate of 9% and
thereafter {(i.e.) from 6.10.1996} entitled for the interest at the rate of 15% to the
said enhanced Award amount less the land value amount already received by
the respondent/land owner until the balance land value amount is deposited by
the Land Acquisition Officer to the credit of the LAOP. and the remaining part of
award passed by the Sub-Court, Namakkal in L.A.O.P.Nos.4, 9 and 5 of 2005,
respectively, shall remain unaltered.
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A.S.Nos.959, 960 & 962 of 2020
6. Accordingly, First Appeals are disposed of in terms of the Joint
Compromise Memo dated 28.12.2020. Needless to mention that the Compromise
Memo shall form part of the decree. This Court grants two weeks time from the
date of receipt of a copy of this judgment to the appellant for depositing the
entire decreetal amount. No costs. Consequently, connected Civil Miscellaneous
Petition are closed.
(T.R.J.,) (G.C.S.J.,)
08.03.2021
rkm
To
The Subordinate Judge, Namakkal.
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A.S.Nos.959, 960 & 962 of 2020
T.RAJA, J.
and
G.CHANDRASEKHARAN,J.
rkm
and 962 of 2020
08.03.2021
https://www.mhc.tn.gov.in/judis/
