Madras High Court
The Land Acquisition Officer And vs S.N.Rajkumar on 3 March, 2023
C.R.P.No.812 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.No.812 of 2021
and
C.M.P.No.6730 of 2021
The Land Acquisition Officer and
District Collector,
Kancheepuram. ... Petitioner
Vs.
S.N.Rajkumar ... Respondent
Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the judgment and decree dated
28.04.2017 made in LAOP.No.6 of 2015 on the file of the Additional
Subordinate Judge, Chengalpattu.
For Petitioner : Mr.T.Chandrasekaran
Special Government Pleader
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C.R.P.No.812 of 2021
For Respondent : Mr.J.Ram
ORDER
This Civil Revision Petition has been filed against the judgment
and decree dated 28.04.2017 made in L.A.O.P.No.6 of 2015 on the file of
the Additional Subordinate Judge, Chengalpattu.
2. The petitioner herein is the respondent / referring officer in
L.A.O.P.No.6 of 2015 filed by the respondent herein seeking
enhancement of compensation awarded in Award No.12 of 2013 dated
30.09.2013 by the District Collector, Kancheepuram.
3. The brief facts of the case as averred in LAOP are as follows :
i) The petitioner is the owner of the land comprised in Survey
No.242/1B in Kazhipattur Village, Thiruporur Taluk, Kancheepuram
District, to an extent of 1080 sq.meters. He has stated that he purchased
the property under a registered sale deed for valuable consideration. He
has made lot of improvements in the property. The Government notified
the acquisition of land under notice dated 08.09.2010 and instructed the
petitioner to surrender his possession of land and building to an extent of
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C.R.P.No.812 of 2021
1080 sq.meters for widening the Old Mahabalipuram Road. The
petitioner made representation before the Collector, and on his
instruction, the representation was handed over to the Special Tahsildar
(LA), Radial Road Scheme, Tambaram, by stating that the market value
of the property in Kazhipattur Village is more than Rs.10,00,000/- per
cent. Therefore, his land has to be assessed on that basis.
ii) The petitioner has further stated that the property acquired by
the Government is nearby OMR Road 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 petitioner 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, he prayed to fix a sum of Rs.10,00,000/-
per cent as compensation.
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C.R.P.No.812 of 2021
4. A counter was filed by the respondent in the above LAOP by
stating that the land acquisition authority followed all the formalities and
with the knowledge of the petitioner only, they fixed the compensation as
per rule. The objection raised by the petitioner and sale documents
produced by him was considered by the authority and the final
publication was affected for fixing compensation. There are 484 sales
have been taken place during the period from 27.12.2005 to 26.12.2008
and out of the above sale statistics Serial No.27 of Sale Statistics
statement of Kazhipattur Village was taken as data for determining the
land value for the acquired land. The sale was taken in Survey No.159
has been sold for Rs.2,80,00,000/- vide Doc.No.3643/2006 dated
21.04.2006 at Thiruporur Sub Registrar Office which works out to
Rs.738/- per sq.ft. As Serial No.27 reflects the correct value of land that
value was taken for consideration. Then award was passed on 30.09.2013
and entire acquisition in Kazhipattur 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
IT Cardiayar way to create lot of transportation to the public which is
sensational requirement. The all developments cited by the petitioner are
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C.R.P.No.812 of 2021
developed due to the formation of this road and therefore the claim of the
petitioner 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.7,944/- per sq.meter is ordered to be enhanced
to Rs.31,271/- 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 claimant.
(iii) The claimant is entitled to get the additional
market value at the rate of 12% p.a. from the date of
notification under Section 4(1) of the Land Acquisition Act,
till the date of passing of the award.
(iv) Further the claimant is entitled to interest 9% p.a.
on the excess amount for the 1st year from the date of taking
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C.R.P.No.812 of 2021
possession and interest at 15% p.a., for the 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 claimant
should be deducted at the time of issuance of cheque to the
claimant.
(vi) It is further ordered that, the claimant is entitled
for the cost of the proceedings.
(vii) It is further ordered that, except the above
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 petition has 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.12 of 2013 dated 30.09.2013
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C.R.P.No.812 of 2021
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.7,944/-,
per sq.meter, enhancing the compensation to an exorbitant rate of
Rs.31,271/- 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
prior to Section 15(2) Notification dated 26.12.2008 and only after
analysing all the transactions as per the data sale collected by him has
rightly fixed the market value at Rs.7,944/- per sq.meter.
9. The Learned Special Government Pleader has further submitted
that the Ex.C1 sale deed relied on by the respondent is from different
village i.e. Egattur Village, but without considering the same, the Lower
Court has enhanced the compensation from Rs.7,944/- per sq.meter to
Rs.31,271/- per sq.meter which is exorbitant and has to be set aside.
10. The learned counsel appearing for the respondent would
reiterate the averments made in his claim petition and sought for
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C.R.P.No.812 of 2021
dismissal of this petition.
11. Heard the Learned Special Government Pleader appearing for
the petitioner and the learned counsel appearing for the respondent, and
perused the materials available on record.
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.No.6 of 2015 is excessive
or insufficient. The acquisition relates to the present revision petition is
for the formation of IT Corridor way i.e. to widen the existing Old
Mahabalipuram Road. 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 award dated 30.09.2013 passed in Award
No.12 of 2013 for arriving or fixing the compensation at Rs.7,944/- per
sq.meter, it is seen that the authorities have conducted a survey in the
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C.R.P.No.812 of 2021
lands involved in the acquisition and inspected the field sketch. For
determining the amount as compensation, statistics were gathered from
27.12.2005 to 26.12.2008 i.e. 3 years prior to the date of publication of
15(2) notification from the Sub Registrar Office, Thiruporur. There are
484 sales have been taken place during the said period in Kazhipattur
Village. Out of which, the land in Serial No.27, an extent of 37,932
square feet, in Survey No.159 has been sold for Rs.2,80,00,000/- vide
Doc.No.3643/2006 dated 21.04.2006, which was taken as a data sale
deed and worked out to Rs.738/- 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.27 reflected the correct value of the
land and therefore it was taken as data land and the compensation was
fixed at Rs.738/- per square feet or Rs.7,944/- 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 45,382 square meters at
Rs.7,944/- per square meter or Rs.738/- per square feet.
14. It is further seen from the award that on reference being made
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C.R.P.No.812 of 2021
by the authorities, the claimant i.e. the respective landowner has filed
claimant's side documents before the Additional Subordinate Judge,
Chengalpattu, which are Exs.C1 to C3 sale deeds. Ex.C1 Sale deed is
with respect to the property in Survey No.15/1 part to an extent of 107
cents punja land and Survey No.14/4 part to an extent of 43 cents punja
land situated in 1km radius from the acquired land. Exs.C2 and C3 are
the village maps of Kazhipattur and Agathoor Village which show the
acquired lands are situated in Commercial Zone.
15. On going through the Judgment and Decree rendered by the
Learned Additional Subordinate Judge, Chengalpattu, this Court finds
that Ex.C1 is the document to be considered as data land as far as the
Additional Subordinate Judge is concerned. The amount fixed by the
District Collector, Kanchipuram at Rs.7,944/- per square meter for the
acquired land is absolutely incorrect and which is too low for the
commercial zone that is situated in the Old Mahabalipuram Road at
Chennai.
16. The Learned Subordinate Judge, while enhancing the
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C.R.P.No.812 of 2021
compensation, has taken Ex.C1 which is the sale deed dated 08.08.2007
with respect to the property which is adjacent to the land in question of
acquisition. The Ex.C1 pertains to the punja land to an extent of 107
cents and the land mentioned in Ex.C1 has been sold at the rate of
Rs.31,271/- per sq.meter. The Learned Subordinate Judge has arrived at
Rs.31,271/- per sq.meter as against Rs.7,944/- 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.C1, the
land to an extent of 107 cents in the adjacent Kazhipattur Village has
been sold for Rs.19,00,00,000/- viz., it has been valued at Rs.31,271/-
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 above extent is
appropriate and the same need not be interfered with.
18. Accordingly, this Civil Revision Petition is dismissed. No
costs. Consequently, connected miscellaneous petition is closed.
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C.R.P.No.812 of 2021
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.
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C.R.P.No.812 of 2021
V.BHAVANI SUBBAROYAN.J.,
raja
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C.R.P.No.812 of 2021
C.R.P.No.812 of 2021
and
C.M.P.No.6730 of 2021
03.03.2023
https://www.mhc.tn.gov.in/judis
