Madras High Court
The Special Tahsildar (La) vs Shanthi .. 1St on 4 September, 2023
C.M.P.Nos.10268 & 10269 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.P.Nos.10268 & 10269 of 2022
and
Rev.Appl.Sr.Nos.129857 & 129858 of 2019
The Special Tahsildar (LA),
Outer Ring Road Project,
Chennai Metropolitan
Development Authority,
Egmore, Chennai - 600 008
Now office at Koyembedu
Wholesale Market Complex,
Chennai. ... Petitioner in both petitions
Versus
1.Shanthi .. 1st Respondent in C.M.P.No.10268/2022
1.Sasirekha .. 1st Respondent in C.M.P.No.10269/2022
2. The Member Secretary,
Chennai Metropolitan
Development Authority,
Egmore, Chennai-600 008. .. 2nd Respondent in both petitions
C.M.P.Nos.10268 & 10269 of 2022: Petitions filed under Order 4 Rule 9(4) of
AS Rules, to condone the delay of 957 days in representing the above Review
Appeal SR.Nos.129857 & 129858 of 2019 against the Order passed in
A.S.Nos.518 & 519 of 2011 dated 25.04.2017.
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C.M.P.Nos.10268 & 10269 of 2022
Rev.Appl.Sr.Nos.129857 & 129858 of 2019: Review Applications filed under
Order 47 Rule 1 read with 114 of C.P.C., to review the Judgment and Decree
dated 25.04.2014 made in A.S.Nos.518 & 519 of 2011.
In all the cases:
For Petitioner : Mr.T.Chandrasekaran
Special Government Pleader
For Respondents : Mr.K.Ravi for R1
COMMON ORDER
These civil miscellaneous petitions are filed seeking to condone the delay
of 957 days in representing the above Review Appeal SR.Nos.129857 &
129858 of 2019 against the Order passed in A.S.Nos.518 & 519 of 2011 dated
25.04.2017
2. The only reason stated in the affidavit filed in support of these petitions
that since, the papers were mixed up with the other bundles of the Government
Pleader's Office, the same could not be filed immediately. Hence, there was a
delay. The review application is filed mainly on the ground that the Division
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C.M.P.Nos.10268 & 10269 of 2022
Bench of this Court in its judgment dated 19.03.2018 passed in A.S.Nos.17 to
26 of 2010 fixed the land value at Rs.15,405/- per cent after giving 1/3rd
deduction towards developmental charges. Therefore, the same yardstick has to
be applied in the present cases.
3. It is relevant to note that in respect of the same notification under
section 4[1] of the Land Acquisition Act, several appeals have been filed before
this court and challenging the judgments of this Court SLP has also been filed
before the Supreme Court, wherein the Supreme Court has held that 50%
deduction towards development charges cannot be permitted. Therefore, this
Court is of the view that merely on the basis of judgment in A.S.Nos.17 to 26
of 2010, the judgment of this Court cannot be reviewed, since this matter has
already reached finality in the Supreme Court.
5. Insofar as the condone delay petitions are concerned, this Court is of
the view that reasons stated for condoning the delay are neither candid nor
convincing. Thus, this Court is not inclined to condone the delay.
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C.M.P.Nos.10268 & 10269 of 2022
6. Accordingly, the condone delay petitions are dismissed and the review
applications stands rejected in the SR stage itself. No costs.
04.09.2023
dhk/vrc
Internet : Yes/No
Index : Yes/No
Neutral Citation : Yes/No
To
1. The Special Tahsildar (LA),
Outer Ring Road Project,
Chennai Metropolitan
Development Authority,
Egmore, Chennai - 600 008
Now office at Koyembedu
Wholesale Market Complex,
Chennai.
2. The Member Secretary,
Chennai Metropolitan
Development Authority,
Egmore, Chennai-600 008.
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C.M.P.Nos.10268 & 10269 of 2022
N. SATHISH KUMAR, J.
dhk/vrc
C.M.P.Nos.10268 & 10269 of 2022
and Rev.Appl.Sr.Nos.129857 & 129858 of 2019
04.09.2023
https://www.mhc.tn.gov.in/judis
