Madras High Court
Thangamani vs The District Collector on 27 October, 2021
W.P.No.13100 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.13100 of 2014
1. Thangamani
2. M.Selvakumar ... Petitioners
-Vs-
1. The District Collector,
Erode District,
Perundurai Road,
Erode – 638 011.
2. The Special Tahsildar,
Land Acquisition in charge,
Revenue Division Officer,
Brough Road,
Erode – 638 001. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, to direct respondents herein
to refer the proceedings in award No.1/98 dated 25.03.1998 to competent Civil
Sub Court at Erode for reference under Section 18 of the Land Acquisition
Act, 1894, regarding petitioner's land situated in R.S.No.502/4 extent 0.52.0
Hec situated at Erode 'C' Village, Erode Taluk, Erode District concerned.
For Petitioners : Mr.V.Kadhirvelu
For Respondents : Mr.Richardson Wilson
Government Advocate.
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Page 1 of 8
W.P.No.13100 of 2014
ORDER
This petition has been filed to direct respondents herein to refer
the proceedings in award No.1/98 dated 25.03.1998 to competent Civil Sub
Court at Erode for reference under Section 18 of the Land Acquisition Act,
1894 (herein after called as “the Act”) regarding the petitioner's land situated
in R.S.No.502/4 extent 0.52.0 Hec situated at Erode 'C' Village, Erode Taluk,
Erode District concerned.
2. The case of the petitioners is that the land to an extent of 0.52.0
hectares in R.S.No.502/4, situated at Erode Taluk & District, originally
belonged to one Muthusamy viz., the husband and father of the petitioners
herein. After his demise, the petitioners are being the legal heirs, they are in
possession and enjoyment of the said property. Thereafter, they came to
understand that the acquisition proceedings have been initiated and the
notification under Section 4(1) of the Act was issued on 10.02.1995.
Thereafter the award has been passed on 25.03.1998 in Award No.1 of 1998.
3. According to the petitioners, no notice under Section 12(2) of the
Act has been served with the petitioners or their predecessor. Further the said
Muthusamy had already been filed a Writ Petition before this Court in
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W.P.No.13100 of 2014
W.P.No.2416 of 1998, challenging the acquisition proceedings and the same
was dismissed on 21.09.2006. He also preferred an appeal in W.A.No.1499 of
2007 and the same was also dismissed on 06.02.2010. Aggrieved by the same,
he preferred an appeal before the Hon'ble Supreme Court of India in
C.C.No.20174 of 2011 and the same was also dismissed by an order dated
09.12.2011.
4. It is also seen that in the similar matter in W.P.No.17270 of 2003,
this Court directed the respondents to refer the award passed in Award No.1 of
1998 dated 25.03.1998 under Section 18 of the Act, to the Civil Court to
determine the value of the land. Aggrieved by the same, the Tamil Nadu
Housing Board filed an appeal in W.A.No.1537 of 2012 before this Court and
the same was also dismissed by an order dated 07.08.2012. Subsequently, the
respondents had referred the matter under Section 18 of the Act for
enhancement of the compensation. Finally, this Court considered the sale deed
dated 08.02.1991 (Ex.C.8) as basic document for arriving at the market rate
and after deducting the 40% by way of development charges and 20% by way
of small size of the plot and arrived at the market rate at Rs.5,22,720/- per acre.
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W.P.No.13100 of 2014
5. Aggrieved by the same the land owners filed appeal in Civil
Appeal Nos.6127 & 6128 of 2011 and the Hon'ble Supreme Court of India by
an order dated 01.08.2011, determined the value of the land, under the same
notification under Section 4(1) of the Act, dated 10.02.1995, which was
published in the Government Gazette on 15.03.1995, in respect of the similarly
placed lands, on the basis of the sale deed dated 08.02.1991 by adding 10% per
annum in lieu of escalation in the land prices and deducting 1/3rd towards
development cost, and fixed marked value of the acquired land at Rs.29.2 per
sq.ft., which is rounded of to Rs.30/- per sq.ft. The Hon'ble Supreme Court of
India further directed as follows :-
“27. With a view to ensure that the
landowners are not fleeced by the middleman, we
deem it proper to issue the following further
directions :-
(i) Within one month from the date of
receipt of copy of this judgment, the Land
Acquisition Office shall depute an officer
subordinate to him not below the rank of Naib
Tehsildar or an equivalent rank, who shall get in
touch with the landowners and/or their legal
representatives and inform them about their
entitlement to receive enhanced compensation.
(ii) The concerned officers shall instruct
the landowners and/or their legal representatives
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W.P.No.13100 of 2014
to open savings bank account in a nationalized
or scheduled bank, in case they already do not
have such account.
(iii) The account numbers of the
landowners and/or their legal representatives
should be furnished by the concerned officer to
the Land Acquisition Officer within a period of
two months.
(iv) Within next one month, the Land
Acquisition Officer shall deposit the amount of
compensation along with other statutory benefits
in the bank accounts of the landowners and/or
their legal representatives by way of cheques.”
Therefore, the petitioner is also entitled for the compensation at the rate fixed
by the Hon'ble Supreme Court of India by an order dated 01.08.2011 for the
land acquired from the petitioner.
6. Considering the above facts and circumstances, the second
respondent is directed to determine the compensation as per the land value
fixed by the Hon'ble Supreme Court of India for the petitioner's land and
disburse the same within a period of twelve weeks from the date of the receipt
of a copy of this Order.
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W.P.No.13100 of 2014
7. With the above directions, this Writ Petition stands disposed of.
There shall be no order as to costs.
27.10.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
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W.P.No.13100 of 2014
To
1. The District Collector,
Kancheepuram District,
Kancheepuram.
2. The Tahsildar,
Cheyyur Taluk,
Kancheepuram District.
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W.P.No.13100 of 2014
G.K.ILANTHIRAIYAN, J.
rts
W.P. No.13100 of 2014
27.10.2021
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