Madras High Court
The Land Acquisition Officer vs N.A.Katheeja Beevi on 25 March, 2022
REV.APLC(MD)No.178 of 2017
in S.A.No.1188 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 25.03.2022
C O R A M
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
REV.APLC(MD)No.178 of 2017
in
M.P(MD)No.1 of 2013
and
REV.APLC(MD)SR 1733 of 2013
and
S.A.No.1188 of 2006
The Land Acquisition Officer,
and the Special Tahsildar,
Adi Dravidar Welfare Department,
Ramanathapuram District. ... Review Applicant/
Appellant
Vs.
N.A.Katheeja Beevi
... Respondent/ Respondent
PRAYER: Review Application is filed under Order
47 Rule 1 r/w Section 114 of the Code of Civil Procedure,
1908, to review the order dated 30.07.2014 made in
M.P(MD)No.1 of 2013, in Review Application S.R.No.1733 of
2013 in S.A.No.1188 of 2006.
For Review Applicant : Mr.D.Gandhiraj
Special Government Pleader
For Respondent : Mr.V.R.Venkatesan
1/6
https://www.mhc.tn.gov.in/judis
REV.APLC(MD)No.178 of 2017
in S.A.No.1188 of 2006
ORDER
This review application is filed that the Court while
deciding the second appeal in S.A(MD)No.1188 of 2006
passed a judgment fixing the quantum and the solatium to
be paid to the respondents in excess than the rate fixed
under the Tamil Nadu Acquisition of Land For Harijan
Welfare Schemes Act, 1979.
2.The learned Government Pleader appearing for the
petitioner submits that Section 7(2) of the said Act
prescribes a sum of 15% of the market value as solatium,
whereas, this Court while allowing the second appeal has
awarded solaitum as 30% of the market value to the
respondents, which according to him is against the
provisions prescribed under the Act.
3.Similarly the respondent is entitled for interest
from the date of taking of possession till the amount is
deposited and the interest so prescribed is 6% per annum
https://www.mhc.tn.gov.in/judis
REV.APLC(MD)No.178 of 2017
in S.A.No.1188 of 2006
as per Section 12 of the said Act, whereas, this Court
has awarded 9% interest per annum.
4.The learned Counsel for the respondent strongly
objects that this matter has been unnecessarily dragged
on by filing a review application. However, he is unable
to explain under what provisions the quantum of solatium
and the interest was fixed.
5.Heard the learned Counsel on either side and
perused the materials placed on record.
6.This Court while disposing the second appeal in
S.A(MD)No.1188 of 2006 on 20.04.2012 has passed the
judgment as follows:
“19. The claimant is held entitled to
compensation at the rate of Rs.10,000/- per cent,
30% solatium under Section 23(2), 12% under
Section 23(1A) on the market value and interest at
94% per annum for one year from the date of taking
possession and 15 % per annum from the date of
expiry of the said period of one year till the
date of payment of the compensation. Accordingly,
the second appeal is disposed of with
proportionate costs”.
https://www.mhc.tn.gov.in/judis
REV.APLC(MD)No.178 of 2017
in S.A.No.1188 of 2006
7.It would be relevant to extract Section 7(2) and 12
of the Act, which read as follows:
“7.Determination of amount:
(1)... ... ...
(2) In addition to the market value of
the land as provided above, the prescribed
authority shall in every case award a sum
of fifteen per centum on such market value
as solatium in consideration of the
compulsory nature of acquisition.
12.Payment of amount:
When the amount is not paid or
deposited on or before taking possession of
the land, the prescribed authority shall
pay the amount with interest thereon at the
rate of six per cent per annum from the
time of so taking possession until it shall
have been so paid or deposited and such
interest shall be paid or deposited by the
prescribed authority in the same manner as
provided for the amount.”
https://www.mhc.tn.gov.in/judis
REV.APLC(MD)No.178 of 2017
in S.A.No.1188 of 2006
8.The above provisions are clear that Section 7(2) of
the said Act prescribes a sum of 15% of the market value
as solatium and as per Section 12 of the said Act, the
interest so prescribed is 6% per annum. Therefore, the
respondent is entitled, 5% of the market value as
solatium and interest at the rate of 6% per annum.
9.In the light of the above discussion this review
application is allowed. No costs.
25.03.2022
Internet : yes/No
dsk
The Land Acquisition Officer,
and the Special Tahsildar,
Adi Dravidar Welfare Department,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
REV.APLC(MD)No.178 of 2017
in S.A.No.1188 of 2006
B.PUGALENDHI., J
dsk
REV.APLC(MD)No.178 of 2017
in
S.A.No.1188 of 2006
25.03.2022
https://www.mhc.tn.gov.in/judis
