Madras High Court
P.Chinnathirumalsamy vs Revenue Divisional Officer on 22 April, 2022
A.S.(MD)No.45 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.04.2022
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA
A.S.(MD)No.45 of 2021
1.P.Chinnathirumalsamy
Thangavel (Died)
2.P.Kandasamy
3.Thirumathal
4.Parameswari
5.Thirupathi ... Appellants/Claimants
Vs.
1.Revenue Divisional Officer,
(Land Acquisition),
Dindigul. ... 1st Respondent/Respondent
2.Executive Engineer,
Public Works Department,
Nanganchiyar Atru Pasana Thittam,
Palani. ... 2nd Respondents/Beneficiary
Prayer : Appeal Suit filed under Section 54 of Land Acquisition Act r/w.
Section 96 of Civil Procedure Code, to call for the records in L.A.O.PNo.6 of
2002 on the file of the Principal Sub Court, Land Acquisition Tribunal,
Dindigul, dated 01.04.2016 and allow the appeal by enhancing the
compensation.
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A.S.(MD)No.45 of 2021
For Appellants : Mr.H.Lakhsmi Shankar
For Respondents : Mr.C.Satheesh,
Government Advocate.
JUDGMENT
This Appeal Suit has been preferred challenging the order of the of the learned
Principal Sub Judge, Land Acquisition Tribunal, Dindigul, made in
L.A.O.P.No.6 of 2002, dated 01.04.2016.
2.The appellants are the claimants; the subject matter pertains to the land
acquisition proceedings dated 25.04.1996 in Award No.5 of 1996 of the
Revenue Divisional Officer and Land Acquisition Officer, Dindigul; the subject
land is situated in S.Nos.253/2 and 255/1A1 in Kodalvavi Village, Dindigul
Taluk; the lands are sought to be acquired for the purpose of constructing a
check dam across Chinnakombaiyar and Uppodai; as per the award, the
claimants were given a compensation at the rate of Rs.120/- per cent; the land
acquisition proceedings involved 31 items of land including the subject land; on
being dissatisfied with the award passed by the Government, the claimants
sought reference in L.A.O.P.No.6 of 2002 before the learned Principal Sub
Judge, Land Acquisition Tribunal, Dindigul.
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A.S.(MD)No.45 of 2021
3.During the enquiry in the said original petition, on the side of the claimant,
the claimant examined himself as C.W.1 and five documents were marked as
Exs.C1 to C5. On the side of the respondent / Government, one witness was
examined as R.W.1 and four documents were marked as Exs.R1 to R4 were
marked.
4.At the conclusion of the enquiry and on hearing the arguments, the learned
Principal Sub Judge, Land Acquisition Tribunal, Dindigul, had enhanced the
compensation by fixing the same at the rate of Rs.350/- for the land situated in
S.No.253/2 and at the rate of Rs.450/- for the land situated in S.No.255/1A1
along with solatium and interest. Aggrieved over the above said compensation
fixed by the learned Principal Sub Judge, Land Acquisition Tribunal, Dindigul
the claimants have preferred this Appeal Suit.
5.Head the learned counsel for the appellants and the learned Government
Advocate for the respondents and perused the evidence on record.
6.The learned counsel for the appellants submitted that in the connected
proceedings in respect of other properties, which is the subject matter of the
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A.S.(MD)No.45 of 2021
same award, an order has already been passed in A.S.(MD)Nos.84 and 85 of
2013 and A.S.(MD)No.83 of 2015, wherein this Court had revised and
enhanced compensation by fixing the same at the rate of Rs.800/- per cent; the
learned Presiding Officer of the Land Acquisition Tribunal without taking into
consideration of the significance and other positive features of the subject land
had fixed compensation below the reasonable rate; hence, the award of the
learned Principal Sub Judge, Land Acquisition Tribunal, Dindigul should be set
aside and the compensation should be enhanced.
7.The learned Government Advocate submitted that the compensation has been
fixed in a fair and proper manner by taking into consideration of all relevant
aspects surrounding the subject land; hence, it does not require any interference.
8.Point for consideration:
Whether award passed by the learned Presiding Officer of the
Land Acquisition Tribunal is fair and proper?
9.On a perusal of the award passed in Award No.5 of 1996, dated 25.04.1996 by
the Revenue Divisional Officer and Land Acquisition Officer, Dindigul, it is
seen that 31 items of property in various survey numbers were acquired for the
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A.S.(MD)No.45 of 2021
purpose of constructing a check dam across Chinnakombaiyar and Uppodai.
The lands of the claimants are seen in item Nos.20 and 21. Some of the
claimants of other lands in the same award have also preferred Appeal Suits
before this Court by challenging the orders of the Land Acquisition Tribunal.
The learned counsel for the appellants brought one such order passed in
A.S.(MD)No.83 of 2015 to the attention of this Court. The said award relates
to the property in S.Nos.221 and 222/1A, which is seen in Serial Nos.7 and 8 of
the award. The name of the claimant for the said land is one Balasubramanian.
He also sought a reference before the learned Presiding Officer of the Land
Acquisition Tribunal, Dindigul in L.A.O.P.No.1 of 2001 and the same was
allowed and the compensation was enhanced at the rate of Rs.800/- per cent
vide order dated 22.09.2005. Challenging the same, the Government filed
A.S.(MD)No.83 of 2015 before this Court. In the said appeal, an order dated
11.04.2017 has been passed reducing the compensation from Rs.800/- to
Rs.600/- per cent. Since an award has been passed by fixing the compensation
at the rate of Rs.600/- per cent for the similar lands involved in the same
acquisition proceedings, I deem it fit and reasonable to consider the same rate
for fixing the compensation for these subject lands also. Accordingly, I prefer to
fix the compensation for the subject lands at the rate of Rs.600/- per cent.
Thus, the point is answered.
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A.S.(MD)No.45 of 2021
10.In the result, the Appeal Suit is allowed and the award passed by the learned
Principal Sub Judge, Land Acquisition Tribunal, Dindigul, dated 01.04.2016,
made in L.A.O.P.No.6 of 2002 is set aside and compensation is fixed at the rate
of Rs.600/- per cent with all other statutory benefits. No costs.
22.04.2022
Index : Yes / No
Internet : Yes/ No
ias
To:
1.The Principal Sub Court,
Land Acquisition Tribunal,
Dindigul.
2.The Revenue Divisional Officer,
(Land Acquisition),
Dindigul.
3.The Executive Engineer,
Public Works Department,
Nanganchiyar Atru Pasana Thittam,
Palani.
Copy to:
The Record Keeper,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.45 of 2021
https://www.mhc.tn.gov.in/judis
A.S.(MD)No.45 of 2021
R.N.MANJULA, J.
ias
A.S.(MD)No.45 of 2021
22.04.2022
https://www.mhc.tn.gov.in/judis
