Madras High Court
The Land Acquisition Officer And vs Andal on 3 March, 2023
C.R.P.Nos.747, 751 & 752 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2023
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.Nos.747, 751 & 752 of 2021
and
C.M.P.Nos.6173, 6177 & 6178 of 2021
C.R.P.No.747 of 2021
1. The Land Acquisition Officer and
District Collector,
Kancheepuram District. ... Petitioner
Vs.
P.Naazhippan (died)
1. Andal
2. Selvi
3. Raghu
4. Sreedhar
5. Amul Mary
6. Thiyagu ... Respondents
7. The Divisional Engineer,
Highways, Chengalpattu. ... Beneficiary
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.747, 751 & 752 of 2021
C.R.P.No.751 of 2021
1. The Land Acquisition Officer and
District Collector,
Kancheepuram District. ... Petitioner
Vs.
1. M/s.Lake County Developers,
represented by its Managing Partner
Thiru.Siva Rama Prasad
No.23H, Kathiravan Salai
Neelankarai, Chennai. ... Respondent
2. The Divisional Engineer,
Highways, Chengalpattu. ... Beneficiary
C.R.P.No.752 of 2021
1. The Land Acquisition Officer and
District Collector,
Kancheepuram District. ... Petitioner
Vs.
1. Ganesan
2. Kuppan
3. Venkatesan
4. Keliammal ... Respondents
5. The Divisional Engineer,
Highways, Chengalpattu. ... Beneficiary
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.747, 751 & 752 of 2021
Prayer in C.R.P.No.747 of 2021 : Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the judgment and
decree dated 21.03.2017 made in LAOP.No.7 of 2015 on the file of the
Additional Subordinate Judge, Chengalpattu.
Prayer in C.R.P.No.751 of 2021 : Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the judgment and
decree dated 21.03.2017 made in LAOP.No.5 of 2015 on the file of the
Additional Subordinate Judge, Chengalpattu.
Prayer in C.R.P.No.752 of 2021 : Civil Revision Petition is filed under
Article 227 of the Constitution of India, to set aside the judgment and
decree dated 21.03.2017 made in LAOP.No.8 of 2015 on the file of the
Additional Subordinate Judge, Chengalpattu.
For Petitioner in all CRPs : Mr.T.Chandrasekaran
Special Government Pleader
For Respondents in all CRPs : Mr.J.Ram
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C.R.P.Nos.747, 751 & 752 of 2021
COMMON ORDER
These Civil Revision Petitions have been filed against the
judgment and decree dated 21.03.2017 made in L.A.O.P.Nos.8/2015,
5/2015 & 7/2015 on the file of the Additional Subordinate Judge,
Chengalpattu.
2. The petitioner herein is the respondent / referring officer in
L.A.O.P.Nos.8/2015, 5/2015 & 7/2015 filed by the respondents herein
seeking enhancement of compensation awarded in Award No.7 of 2013
dated 30.04.2013 by the District Collector, Kancheepuram.
3. The brief facts of the case as averred in LAOP are as follows :
i) The petitioners in LAOP.No.8 of 2015 are the owners of the land
comprised in Survey Nos.183/1B1, 183/7A, 181/13A2, 183/8, 181/13B2,
181/18B2 in Kelambakkam Village, Thiruporur Taluk to an extent of
1680 sq.meters. The land in Survey Nos.181/17B, 181/18A2, 182/1B,
182/2B, 183/2, 183/3, 183/4, 183/5, 183/6 to an extent of 2023 sq.meters
in Kelambakkam Village stands in the name of the petitioner in
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C.R.P.Nos.747, 751 & 752 of 2021
LAOP.No.5 of 2015. Similarly, the land in Survey No.181/19 to an
extent of 359 sq.meters stands in the name of P.Nazhiappan, and after his
demise, the land is owned by his legal heirs / petitioners 2 to 7 in
LAOP.No.7 of 2015.
ii) The petitioners have stated that they purchased the above said
property under a registered sale deed for valuable consideration. They
have made lot of improvements in the property. The Government notified
the acquisition of land under notice dated 08.09.2010 and instructed the
petitioners to surrender their possession of land and building for the
formation of IT Corridor Six Lane Ways Scheme. The petitioners made
representation before the Collector, and on his instruction, the
representation was handed over to the Special Tahsildar (LA), IT
Corridor Scheme, by stating that the market value of the property in
Kelambakkam Village is more than Rs.10,000/- per sq.ft. Therefore, their
land has to be assessed on that basis.
iii) The petitioners have further stated that the property acquired by
the Government is nearby Bus Stand, Railway Station, Urbanization way
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C.R.P.Nos.747, 751 & 752 of 2021
and Sub Collectorate Office at Kancheepuram and the road is having 100
feet FSI and it is situated in commercial zone. Because of this
acquisition, the shape of the remaining land is changed and it becomes in
Triangular shape and lost its value. The authorities did not consider the
two sale deed documents which was produced by the petitioners along
with representation and passed very low compensation and unjustifiable
award. While determining the amount of compensation, the market value
on the date of passing order should be considered but the authority did
not comply any rule. Therefore, they prayed to fix a sum of Rs.10,000/-
per sq.ft as compensation.
4. A counter was filed by the respondents in the above LAOP by
stating that the land acquisition authority followed all the formalities and
with the knowledge of the petitioners only, they fixed the compensation
as per rule. The objection raised by the petitioners and sale documents
produced by them were considered by the authority and the final
publication was affected for fixing compensation. There are 333 sales
have been taken place during the period from 13.03.2006 to 12.03.2009
and out of the above sale statistics Serial No.314 of Sale Statistics
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C.R.P.Nos.747, 751 & 752 of 2021
statement of Kelambakkam Village was taken as data for determining the
land value for the acquired land. The sale was taken in Survey No.62/6
has been sold for Rs.6,30,000/- vide Doc.No.8847/2008 dated
10.12.2008 at Thiruporur Sub Registrar Office which works out to
Rs.252/- sq.ft. As Serial No.314 reflects the correct value of land that
value was taken for consideration. Then award was passed on 30.04.2013
and entire acquisition in Kelambakkam Village was concluded. It is well
settled preposition of law that public interest should outweigh private
interest. The land had been acquired for public purpose of formation of
Railway bridge to create lot of transportation to the public which is
sensational requirement. The all developments cited by the petitioners are
developed due to the formation of this road and therefore the claim of the
petitioners is not acceptable.
5. The Learned Additional Subordinate Judge after hearing the
parties concerned and in reference to the data land submitted by either
parties which are documentary evidences has ordered as follows :
(i) The compensation fixed by the Referring Officer at
the rate of Rs.2,713/- per sq.meter is ordered to be enhanced
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C.R.P.Nos.747, 751 & 752 of 2021
to Rs.14,812/- per sq.meter with 30% solatium along with
interest at the rate of 12% p.a. on solatium.
(ii) Any sum already paid towards the compensation
has to be deducted from the total sum if it is already
received by the claimants.
(iii) The claimants are entitled to get the additional
market value at the rate of 12% p.a. from the date of
notification under Section 15(2) of the Tamil Nadu
Highways Act, till the date of taking possession.
(iv) Further the claimants are entitled 9% p.a. interest
on the excess amount for the 1st year from the date of taking
possession and 15% p.a. interest for subsequent years till
the date of deposit.
(v) It is also further ordered that the expenses
incurred by this Court for sending notice to the claimants
should be deducted at the time of issuance of cheque to the
claimants.
(vi) It is further ordered that, the claimants are
entitled for the cost of the proceedings.
(vii) It is further ordered that, except the above
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C.R.P.Nos.747, 751 & 752 of 2021
mentioned claims, with regard to other aspects, the
determination for the Land Acquisition Officer is confirmed.
(viii) Time for payment of the enhanced claim 2
months.
6. Aggrieved by the said order of the Learned Subordinate Judge at
Chengalpattu, the present revision petitions have been filed by the
petitioner herein i.e. the Land Acquisition Officer and District Collector.
7. The Learned Special Government Pleader appearing for the
petitioner has submitted that the Award No.7 of 2013 dated 30.04.2013
ought to have been confirmed as the award was passed in conformity
with the data lands that were taken as referral value for fixing the
compensation. When the authority has fixed the right value at Rs.2,713/,
per sq.meter, enhancing the compensation to an exorbitant rate of
Rs.14,812/- per sq.meter is in violation of the procedures prescribed
under the Land Acquisition Act, 1984.
8. The Learned Special Government Pleader has also submitted
that the Land Acquisition Officer has rightly taken the relevant sale deed
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C.R.P.Nos.747, 751 & 752 of 2021
prior to Section 15(2) Notification dated 12.03.2009 and only after
analysing all the transactions as per the data sale collected by him has
rightly fixed the market value at Rs.2,713 per sq.meter.
9. The Learned Special Government Pleader has further submitted
that the Lower Court has failed to consider that the respondents have
only marked Ex.C1 and as per the said document, the market value of the
land is only Rs.8,985/- per sq.meter, but the Lower Court without any
proper reason has enhanced the compensation from Rs.2,713/- per
sq.meter to Rs.14,812/- per sq.meter which is exorbitant and has to be set
aside.
10. The learned counsel appearing for the respondents would
reiterate the averments made in their claim petitions and sought for
dismissal of these petitions.
11. Heard the Learned Special Government Pleader appearing for
the petitioner and the learned counsel appearing for the respondents, and
perused the materials available on record.
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C.R.P.Nos.747, 751 & 752 of 2021
12. On considering the submissions made and the documents relied
on by the counsel on either side, this Court proceeds to determine as to
whether the compensation enhanced by the Learned Additional
Subordinate Judge, Chengalpattu in L.A.O.P.Nos.8/2015, 5/2015 &
7/2015 is excessive or insufficient. The acquisition relates to the present
revision petitions is for the formation of IT Corridor Six Lane Ways
Scheme i.e. to widen the existing Old Mahabalipuram Road into Six
Lane. After the I.T. Companies came into existence in the Old
Mahabalipuram Road at Chennai, no doubt, the value of the lands in and
around the OMR has increased manifold.
13. On perusal of the common award dated 21.03.2017 passed in
Award No.7 of 2013 for arriving or fixing the compensation at
Rs.2,713/- per sq.meter, it is seen that the authorities have conducted a
survey in the lands involved in the acquisition and inspected the field
sketch. For determining the amount as compensation, statistics were
gathered from 13.03.2006 to 12.03.2009 i.e. 3 years prior to the date of
publication of 15(2) notification from the Sub Registrar Office,
Thiruporur. There are 333 sales have been taken place during the said
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C.R.P.Nos.747, 751 & 752 of 2021
period in Kelambakkam Village. Out of which, the land in Serial No.314,
an extent of 2503 square feet, in Survey No.62/6 in Kelambakkam
Village, has been sold for Rs.6,30,000/- vide Doc.No.8847/2008 dated
10.12.2008, which was taken as a data sale deed and worked out to
Rs.252/- per square feet. As far as the other sales are concerned, which
were either sold as house site or for lower amount, Land with building,
UDS, Combined sales. The authorities have concluded that the sale in
Serial.No.314 reflected the correct value of the land and therefore it was
taken as data land and the compensation was fixed at Rs.252/- per square
feet or Rs.2,713/- per square meter for the lands under acquisition and
they have rightly fixed the compensation to be paid for the acquired
lands to an extent of 20,228 square meters at Rs.2,713/- per square meter
or Rs.252/- per square feet.
14. It is further seen from the award that on reference being made
by the authorities, the claimants i.e. the respective landowners have filed
claimants' side documents before the Additional Subordinate Judge,
Chengalpattu, which are Exs.C1 to C4 Sale deeds. Ex.C1 Sale deed is
with respect to the property in Survey Nos.148/1, 148/2, 149/1 and 149/2
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C.R.P.Nos.747, 751 & 752 of 2021
to an extent of 3500 square feet and Ex.C2 Sale deed is with respect to
the property in Kelambakkam Village which is adjacent to the Village in
Survey Nos.123/1, 132/2A, 124, 125/1A1, 125/1A2, 125/2A, 125/2B1,
125/3 totally to an extent of 3 Acres 60 cents. Ex.C3 is with respect to
the property in Kelambakkam Village which is adjacent to the Village in
Survey No.244 - 4 Acres 11 Cents, Survey No.245 - 1 Acre 33 Cents
totally to an extent of 5Acres 44 Cents. Ex.C4 is with respect to the
property in Kelambakkam Village which is adjacent to the Village in
Survey No.15/1 (Part), 14/4 (Part) totally to an extent of 1 Acre 50 Cents.
15. On going through the Judgment and Decree rendered by the
Learned Additional Subordinate Judge, Chengalpattu, this Court finds
that Ex.C2 is the document to be considered as data land as far as the
Additional Subordinate Judge is concerned. However, the said document
was inadvertently mentioned as Ex.C1 instead of Ex.C2 in all occurances
of the orders of the Learned Subordinate Judge and the same has to be
rectified by this Court. The amount fixed by the District Collector,
Kanchipuram at Rs.2,713/- per square meter for the acquired land is
absolutely incorrect and which is too low for the commercial zone that is
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C.R.P.Nos.747, 751 & 752 of 2021
situated in the Old Mahabalipuram Road at Chennai.
16. The Learned Subordinate Judge, while enhancing the
compensation, has taken Ex.C2 which is the sale deed dated 10.09.2008
with respect to the property in Kelambakkam Village which is adjacent to
the land in question of acquisition. The Ex.C2 pertains to the land to an
extent of 3 Acres 60 Cents and the land mentioned in Ex.C2 has been
sold at the rate of Rs.14,812/- per sq.meter. The Learned Subordinate
Judge has arrived at Rs.14,812/- per sq.meter as against Rs.2,713/- fixed
by the District Collector at Kanchipuram.
17. This Court is inclined to accept the fixation of compensation
by the Learned Subordinate Judge for the reason that as per Ex.C2, the
land to an extent of 3 Acres 60 cents in the adjacent Kelambakkam
Village has been sold for Rs.21,60,00,000/- viz., it has been valued at
Rs.14,812/- per square meter. It is to be noted that the acquired lands are
situated in prominent area within the close vicinity to Chennai city where
the cost of the land has been increasing rapidly and hence the
enhancement of compensation by the Learned Subordinate Judge to the
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C.R.P.Nos.747, 751 & 752 of 2021
above extent is appropriate and the same need not be interfered with.
18. Accordingly, these Civil Revision Petitions are dismissed. No
costs. Consequently, connected miscellaneous petitions are closed.
03.03.2023
raja
Index : yes/no
Internet : yes/no
To
1. The Additional Subordinate Judge, Chengalpattu.
2. The Land Acquisition Officer and District Collector,
Kancheepuram District.
3. The Divisional Engineer, Highways, Chengalpattu.
V.BHAVANI SUBBAROYAN.J.,
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C.R.P.Nos.747, 751 & 752 of 2021
raja
C.R.P.Nos.747, 751 & 752 of 2021
and
C.M.P.Nos.6173, 6177 & 6178 of 2021
03.03.2023
https://www.mhc.tn.gov.in/judis
