The District Revenue Officer vs S.K.Karventhan
2023 Latest Caselaw 3423 Mad

                                                                        C.R.P.(NPD).No.4062 of 2019
                                                                         and C.M.P.No.26642 of 2019

                                  THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 29.03.2023

                                     CORAM :MR.JUSTICE N.SESHASAYEE

                                            C.R.P.(NPD).No.4062 of 2019
                                            and C.M.P.No.26642 of 2019


                     The District Revenue Officer,
                     Tiruppur District,
                     Tiruppur.                                                  ... Petitioner
                                                         Vs.

                     1.S.K.Karventhan

                     2.S.Rengasamy

                     3.G.Kokila

                     4.Rajasekaran

                     5.Kuppana Gounder
                     (R5 impleaded as party respondent
                     vide Court order dated 02.02.2023 made
                     in C.M.P.No.20893 of 2022 in
                     C.R.P.No.4062 of 2019 by GKIJ)
                                                                                ... Respondents



                     Prayer: Petition filed under Article 227 of Constitution of India, seeking to
                     set aside the judgment and decree passed in LAOP No.7 of 2012 dated
                     13.11.2017 on the file of the Subordinate Court, Dharapuram.



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https://www.mhc.tn.gov.in/judis
                                                                            C.R.P.(NPD).No.4062 of 2019
                                                                             and C.M.P.No.26642 of 2019

                                  For Petitioner            : Mr.T.Chandrasekran
                                                              Special Government Pleader (A.S)

                                  For Respondents 1 to 4    : Mr.V.Ayyadurai
                                                              Senior Counsel
                                                              for Mr.P.Muthukumaraswamy

                                  For Respondent 5          : Mr.M.Guruprasad
                                                           ORDER

The requisition authority have challenged the award passed by the tribunal

enhancing the compensation paid to the lands of the respondents vide its

order dated 13.11.2017. The properties were acquired for the purposes

associated under the Tamil Nadu State Highways Act, 2001. The acquisition

authority has fixed the compensation at Rs.61/- per sq.ft. This was challenged

by the respondents before the tribunal under Section 20 of the Act. Before

the tribunal, the respondents have produced Ex.C3 and Ex.C4, which are sale

deeds dated 23.09.2009 and 13.11.2009 respectively, pertaining to a house

site of smaller extent that lie just adjacent to the acquired property.

2.Ex.C3 covers an extent of 1,740 sq.ft., and was sold at a consideration of

Rs.486/- per sq.ft., whereas Ex.C4 covers an extent of 1,470 sq.ft and the sale

consideration is determined at Rs.534/- per sq.ft. The tribunal had fixed the

compensation at Rs.500/- per sq.ft. This award is in challenge in this C.R.P.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.4062 of 2019 and C.M.P.No.26642 of 2019

3.1 Learned Special Government Pleader appearing for the revision petitioner

submitted that at the time when Section 15(2) notification, the guideline

value was Rs.106/- per sq.ft., and took this Court to the same which he had

enclosed to his typeset of papers. On the direction of this Court, the learned

Special Government Pleader has also produced the entire consolidated plan

of Ward No.6, Block No.16 of Dharapuram, showing the acquired property,

and also that property involved in the data document relied on by the

acquisition authority, and the land covered by Ex.C3 and Ex.C4.

3.2 Whereas the properties covered by Ex.C3 and Ex.C4 lie in the same

survey fields involved in the acquisition, the data land is situated far away

from the property. The learned counsel submitted that the data land covers a

smaller extent, whereas the land acquired is a larger extent, and, hence

necessary discount need to be given to the value as determined by the

tribunal.

4.Per contra, Mr.V.Ayyadurai, the learned Senior Counsel appearing for the

respondents / claimants submitted that the tribunal itself has fixed an award

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.4062 of 2019 and C.M.P.No.26642 of 2019

between the lower end and the upper end of the value of the property covered

under Ex.C3 and Ex.C4.

5.This Court perused the order of the tribunal and does not find anything

perverse in his approach. In conclusion, this Court does not inclined to

interfere with the order of the tribunal.

6.This Civil Revision Petition stands dismissed accordingly. Consequently,

the connected miscellaneous petition is closed. No Costs.

29.03.2023 Anu

Index : yes / no Internet : yes / no Speaking / non speaking

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.4062 of 2019 and C.M.P.No.26642 of 2019

Copy to:

The Subordinate Court, Dharapuram

https://www.mhc.tn.gov.in/judis C.R.P.(NPD).No.4062 of 2019 and C.M.P.No.26642 of 2019

N.SESHASAYEE.J., Anu

C.R.P.(NPD).No.4062 of 2019 and C.M.P.No.26642 of 2019

29.03.2023

https://www.mhc.tn.gov.in/judis