Madras High Court
Kaliammal vs The Revenue Divisional Officer on 28 September, 2021
A.S.(MD)Nos.207 nad 212 o f 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
A.S.(MD)Nos.207 and 212 of 2021
In A.S.(MD)No.207 of 2021
Kaliammal ... Appellant / Claimant
-Vs-
1.The Revenue Divisional Officer,
(Land Acquisition)
Dindigul
Dindigul District.
2.The Executive Engineer,
Public Work Department,
Nanganchiyar Aatru Pasana Thittam,
Palani,
Dindigul District. ... Respondents / Respondents
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
against the judgment and decree passed in L.A.O.P.No.5 of 2001 dated
18.07.2011 by the learned Principal Sub Court, Dindigul, Dindigul District.
In A.S.(MD)No.212 of 2021
1.Kaliammal
Krishnammal (deceased)
2.Manyarkarasi
https://www.mhc.tn.gov.in/judis
A.S.(MD)Nos.207 nad 212 o f 2021
3.Yuvaraj
4.Sivakumar
5.Durairaj
6.Devi
7.Meena
8.Venkatesan
9.Vijayalakshmi
10.Sudha
11.Jeyamayil
12.Loganayaki ... Appellants / Claimants
-Vs-
1.The Revenue Divisional Officer,
(Land Acquisition)
Dindigul
Dindigul District.
2.The Executive Engineer,
Public Work Department,
Nanganchiyar Aatru Pasana Thittam,
Palani,
Dindigul District. ... Respondents / Respondents
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
against the judgment and decree passed in L.A.O.P.No.2 of 2001 dated
18.07.2011 by the learned Principal Sub Court, Dindigul, Dindigul District.
https://www.mhc.tn.gov.in/judis
A.S.(MD)Nos.207 nad 212 o f 2021
For Appellants : Mr.G.Gomathi Sankar
For Respondents : Mr.R.Ragavendran
(in both Appeal ) Government Advocate
COMMON JUDGMENT
These appeals have been preferred by the claimants in L.A.O.P.Nos.2
and 5 of 2001 on the file of the Principal Sub Court, Dindigul seeking
enhancement of the market value adopted by the land acquisition tribunal
while fixing the compensation for the land acquired from the claimants.
These appeals were filed with enormous delay.
2. However, in the interest of justice, the delay occasioned in filing
these appeals was condoned by this Court. It was agreed by the counsel for
the claimants that the claimants would accept the value that was fixed by
this Court in the connected proceedings in A.S.(MD)Nos.84 and 85 of 2013
disposed of on 11.04.2017. In the said judgment, a learned judge of this
Court enhanced the market value for the acquired lands and fixed the same
at the rate of Rs.600/- per cent. It was held that the appellants would also
be entitled to other statutory benefits. There is no dispute that the lands in
question are similarly situated.
https://www.mhc.tn.gov.in/judis
A.S.(MD)Nos.207 nad 212 o f 2021
G.R.SWAMINATHAN.J.,
rmi
3. Applying the principle of parity, these appeals are also partly
allowed by enhancing the market value for the acquired lands belonged to
the appellants at the rate of Rs.600/- per cent. The appellants would be
entitled to other statutory benefits. No costs.
28.10.2021
Internet : Yes/No
Index : Yes/No
rmi
To
The Principal Sub Court, Dindigul, Dindigul District.
Copy To
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
A.S.(MD)Nos.207 and 212 of 2021
https://www.mhc.tn.gov.in/judis
