Madras High Court
K.B.Mahesh vs The Special Tahsildar (La) on 28 March, 2025
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
A.S.No.1091 of 2024 and batch of cases
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28..03..2025
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
Appeal Suit Nos.1091, 951, 952, 954, 955, 960, 961, 964,
965, 967, 968, 969, 970, 971, 972, 973, 988, 989, 990, 992, 997, 998, 1001, 1002,
1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1014, 1015, 1016,
1017, 1018, 1022, 1023, 1024, 1025, 1026, 1027, 1030, 1031, 1033, 1034, 1035,
1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048,
1049, 1050, 1051, 1054, 1055, 1056, 1057, 1059, 1060, 1066, 1067, 1068, 1069,
1070, 1071, 1072, 1073, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083,
1084, 1085, 1086, 1087, 1088, 1089, 1090, 1117, 1118, 1119, 1120, 1121, 1122,
1123, 1124, 1131, 1133, 1138 and 1139 of 2024,
182 & 186 of 2025
and
C.M.P.Nos.27753, 25781, 25786, 25835, 25836, 25945,
25954, 26030, 26055, 26070, 26075, 26074, 26078, 26081, 26083, 26087, 26730,
26732, 26738, 26740, 26832, 26833, 26903, 26906, 26910, 26914 26916 26919
26922, 26923, 26924, 26926, 26927, 26928, 26933, 26936, 26938, 26942, 26945,
27097, 27102, 27099, 27103, 27106, 27111, 27144, 27148, 27153, 27155, 27157,
27168, 27174, 27173, 27220, 27221, 27223, 27225, 27227, 27229, 27230, 27231,
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27233, 27234, 27235, 27236, 27238, 27376, 27381, 27382, 27384, 27406, 27407,
27524, 27527, 27529, 27531, 27532, 27534, 27546, 27549, 27554, 27563, 27567,
27597, 27649, 27726, 27728, 27734, 27738, 27739, 27740, 27742, 27744, 27745,
27746, 27748, 28592, 28595, 28600, 28603, 28614, 28616, 28658, 28664, 28866,
28872, 29061, 29063 of 2024, 3912 & 4017 of 2025
…..
A.S.No.1091 of 2024:
K.B.Mahesh
….. Appellant / Claimant
-Versus-
1.The Special Tahsildar (LA),
Unit-IV,
Kannan Kottai – Thervoy Kandigai Reservoir Scheme,
Gummidipoondi Taluk @ Kavaraipettai.
….. 1st Respondent / Referring Officer
2.The Engineer-in-Chief,
Water Resources Department,
Public Works Department,
Tiruvallur District.
….. 2nd Respondent / Requiring Body
Prayer in A.S.No.1091 of 2024: Appeal filed under Section 74 of The Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, praying to enhance the compensation awarded by the
learned Principal District Judge, Tiruvallur, by order and decree dated 22.02.2024,
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from Rs.29,640/- per are to Rs.50,000/- as may be just and reasonable.
For Appellant(s) in all : Mr.B.S.Jothiraman
Appeal Suits
Respondent(s) Mrs. R.Anitha,
Spl. Government Pleader for RR1 & 2
in A.S.No.1091, 951, 952, 954, 955,
960, 961, 964, 965, 967, 968, 969, 970,
971 and 972 of 2024
Mr. T. Arun Kumar,
Addl. Government Pleader for RR1 & 2
in A.S.No.973, 988, 989, 990, 992, 997,
998, 1001, 1002, 1003 and 1004 of
Mrs. K. Aswini Devi,
Addl. Government Pleader for RR1 & 2
in A.S.No.1005, 1006, 1007, 1008,
1009, 1010, 1011, 1012, 1014, 1015
and 1016 of 2024
Mr. R.Siddharth,
Addl. Government Pleader for RR1 & 2
in A.S.No.1017, 1018, 1022, 1023,
1024, 1025, 1026, 1027, 1030, 1031,
1033, 1034, 1035 and 1036 of 2024
Mr. P. Gurunathan,
Addl. Government Pleader for RR1 & 2
in A.S.No.1037, 1038, 1039, 1040,
1041, 1042, 1043, 1044, 1045, 1046,
and 1047 of 2024
Mr. D. Gopal,
Government Advocate for RR1 & 2 in
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A.S.No.1048, 1049, 1050, 1051, 1054,
1055, 1056, 1057, 1059, 1060, 1066,
1067, 1068, 1069 and 1070 of 2024
Mr. C. Sathish,
Government Advocate for RR1 & 2 in
A.S.No.1071, 1072, 1073, 1075, 1076,
1077, 1078, 1079, 1080, 1081, and
1082 of 2024
Mr. V. Ramesh,
Government Advocate for RR1 & 2 in
A.S.No.1083, 1084, 1085, 1086, 1087,
1088, 1089, 1090, 1117, 1118, and
1119 of 2024
Mr. N. Muthuvel,
Government Advocate for RR1 & 2 in
A.S.No.1120, 1121, 1122, 1123, 1124,
1131, 1133, 1138, 1139 of 2024 and
AS.182 and 186 of 2025
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COMMON JUDGEMENT
The appellants, who are the claimant(s) in the LAOP references before the
reference court, have come up with present appeal suits challenging the
inadequacy of the enhanced compensation granted by the Reference Court
(Principal District Judge) at Tiruvallur, by common order dated 22.02.2024. The
1st respondent is the LAO and 2nd respondent is the requiring body.
2. No cross-objections were filed either by 1st respondent/LAO or the 2nd
respondent/requiring body as against the enhancement of compensation by the
reference court.
3. For the sake of convenience and for easy reference, the appellant(s) in
these appeal suits will be referred to as the claimants, while the 1st respondent will
be referred to as the LAO, and the 2nd respondent will be referred to as the
requiring body wherever the context so requires.
4. A vast extent of patta land situated in Kannan Kottai and Thervoy
Kandigai Villages, Gummidipoondi Taluk, Tiruvallur District, including the lands
belonged to the claimants herein and several other landowners, was proposed to be
acquired for the formation of Kannan Kottai-Thervoy Kandigai Reservoir.
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5. Originally notifications under Section 4(1) of the Land Acquisition Act,
1894, were issued on different dates between 06.06.2013 and 24.07.2013 in the
Tamil Nadu Gazettes declaring that the lands belonging to the claimants and a few
other landowners situated in Kannan Kottai and Thervoy Kandigai Village were
needed for a public purpose for the formation of Kannankottai Thervoy Kandigai
Reservoir Scheme Land Acquisition work and the same were published in the
official gazette and also in the local Tamil and English daily newspapers. As it
became necessary to acquire immediate possession of the lands specified in the
schedule to the respective 4(1) Notifications, the Government invoked urgency
provision under the provisions of sub-section (1) of Section 17 of the LA Act and
as such, enquiry under Section 5-A of the LA Act, 1894, was dispensed with,
invoking the emergency clause under Section 17(4) of the LA Act, 1894.
Thereafter, notifications under Section 6 declarations as required under the LA
Act, 1894, came to be issued. As there were legal tangles and writ petitions and
writ appeals at the instance of the claimants pending before this court, the land
acquisition proceedings had got delayed.
6. In the meantime, pending award enquiries in the acquisition proceedings,
the new Act called “The Right to Fair Compensation and Transparency in Land
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acquisition, Rehabilitation and Resettlement Act, 2013” [for short “RFCTLARR
Act, 2013”] came into force with effect from 01.01.2014 and therefore, pursuant
to the Government Orders and Executive Orders, the acquisition proceedings were
to be continued under the RFCTLARR Act, 2013 in view of the specific provision
under Section 24(1) (a) of the RFCTLARR Act, 2013. Accordingly, final awards
were passed in terms of the provisions contained in RFCTLARR Act, 2013. The
details of the total extent of land acquired in Kannan Kottai and Thervoy Kandigai
Villages and covered under each award are:
Sl. Award Rc. Number Award Total
No. Number Dated Extent of
Land
acquired
in AREs
1 3 of 2014 6 of 2013/A1/Unit-I/Block-IV 05.04.2018 8.72.0
2 6 of 2013 2 of 2013/A1/Unit-III/Block-I 06.04.2018 7.25.0
3 6 of 2014 22/2013/A1/Unit-I/Block-I 06.04.2018 8.78.5
4 7 of 2013 Rc.No.16/2013/A1/Unit-III/Block-III 09.04.2018 7.25.0
5 1 of 2014 Rc.No.2/2013/A1 09.04.2018 15.65.0
6 2 of 2014 Rc.No.8/2018/A1/Unit-II/Block-V 10.04.2018 9.07.5
7 5 of 2013 Rc.No.18/2013/A1/Unit-III/Block -IV 12.04.2018 9.95.0
8 3 of 2013 Rc.NO.3/2013/A1/Unit-III/Block-V 16.04.2018 7.62.5
9 1 of 2014 Rc.No.10/2013/A1/Unit-III/Block- 16.04.2018
10.63.5
VII
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10 3 of 2014 Rc.No.3/2018/A1/Unit-II/Block-III 17.04.2018 6.74.5
11 5 of 2014 Rc.No.2/12/a1/Unit-II/Block-VII 17.04.2018 9.86.0
12 3 of 2014 Rc.No.7/2018/A1/Unit-II/Block-III 17.04.2018 6.74.5
13 1 of 2014 Rc.No.7/2018/A1/Unit-II/Block-II 24.04.2018 8.06.0
14 4 of 2013 Rc.No.13/2013/A1/Unit-III/Block-II 30.04.2018 8.89.0
15 4 Rc.No.5/2013/A1/Unit-II/Block-IV 01.06.2018 9.08.0
16 2 of 2014 Rc.No.4/2013/A1/Unit-III/Block-VI 09.07.2018 13.98.5
17 5 of 2014 Rc.No.11/2013/A1/Unit-I/Block-VI 11.07.2018 17.22.0
18 6 of 2014 Rc.No.12/2013/A1/Unit-II/Block-I 16.08.2018 59.76.5
7. In view of the pendency of the writ petitions/writ appeals at the instance
of some of the landowners, the LAO was unable to pass orders on interest payable
on the compensation amount, and immediately upon disposal of the writ petitions
and the writ appeals by this court, the LAO issued appropriate proceedings. The
details of proceedings pursuant to the final awards are:
Sl. Award Rc. Number Award Total
No. Number Dated Extent of
Land
acquired
in AREs
1 1 of 2014 Rc.No.2/2023/A1 28.08.2020 15.65.0
2 4 of 2013 Rc.No.13/2020/A1/Unit-III/Block-II 31.08.2020 8.89.0
3 1 of 2014 Rc.No.7/2018/A1/Unit-II/Block-II 03.09.2020 8.06.0
4 3 of 2014 Rc.No.3/2018/A1/Unit-II/Block-III 11.09.2020 6.74.5
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5 5 of 2013 Rc.NO.18/2020/A1/Unit-III/Block-IV 14.09.2020 9.95.0
6 3 of 2013 Rc.No.3/2020/A1/Unit-III/Block-V 15.09.2020 7.62.5
7 2 of 2014 Rc.No.8/2018/A1/Unit-II/Block-V 15.09.2020 9.07.5
8 4 of 2014 Rc.No.5 of 2013/A1/Unit-II/Block-IV 16.09.2020 9.08.0
9 2 of 2014 Rc.No.4/2020/A1/Unit-III/Block-VI 25.09.2020 13.98.5
10 5 of 2014 Rc.NO.19/2018/A1/Unit-II/Block-VII 25.09.2020 9.86.0
11 1 of 2014 Rc.No.10/2020/A1/Unit-III/Block-VII 28.09.2020 10.63.5
8. The details of the lands comprised in different survey numbers situated at
Kannan Kottai and Theyvoikandigai villages, which had been acquired from
claimants and a few others, and at whose behest references were made for
enhancement of compensation (which had been taken as LAOPs), and the details
of the appeal suits filed by the aggrieved claimants over the inadequacy of the
compensation fixed by the reference court are as follows:
Sl Name Appeal L.A.O.P. Survey Extent of
No. Suit Number Number land
Number acquired
(in
ARES)
1 K.B. Mahesh 1091 608 /2021 54.5
2 K.B. Mahesh 951 103 /2020 218/19 0.04.0
218/21 0.02.0
Total 0.06.0
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3 Munivel Chetty 952 48 / 2020 173/2A 0.14.0
173/2B 0.13.0
173/2C 0.10.0
Total 0.37.0
4 Kathavarayan 954 109 /2020 319/8 41.5
5 Kathavarayan 955 72 / 2019 318/9 0.20.5
6 K.B. Mahesh 960 171 /2020 218/23 0.04.0
218/24 0.06.0
218/18 0.05.0
Total 0.15.0
7 1.Narayanasamy 961 222 2020 191/8 0.22.00
2.Vidhya 191/10 0.05.0
Total 0.27.0
8 E. Sivan 964 94 / 2020 296/14 0.14.0
9 K.B. Mahesh 965 195 2020 185/4 0.19.5
185/6 0.21.5
186/1 0.13.0
Total 0.54.0
10 Palayam 967 104 / 286/14 0.10.0
11 P. Radhan 968 156 / 271/6A 0.09.0
12 Palayathan @ 969 91 / 2020 286/16 0.03.0
Palayam
13 Palayam 970 79 / 2020 317/6 0.21.0
14 E. Govindasamy 971 169 / 321/5 0.19.0
2020 321/6 0.04.5
321/7 0.18.0
321/9 0.25.0
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Total 0.66.5
15 E. Sivan 972 762 / 317/15 0.06.0
16 Krishnamoorthi 973 87 / 2020 291/2B 0.03.5
291/3B 0.04.5
291/4 0.09.5
292/6 0.05.0
Total 0.23.0
17 Suresh 988 124 / 271/1 0.06.5
18 Suresh 989 165 / 141/3 0.02.5
2020 141/6 0.16.0
141/7 0.12.0
Total 0.30.5
19 Kannaiyan 990 713 / 281/3 0.13.0
2021 281/4 0.02.5
Total 0.15.5
20 Palayam 992 206 / 318/9 0.03.0
21 P. Radhan 997 110 2020 289/1 0.10.0
22 P. Radhan 998 117 / 321/3 0.17.5
23 E. Govindasamy 1001 187 / 294/5, 0.08.5
2020 294/7, 0.05.5
294/9, 0.06.5
295/1, 0.06.5
295/2, 0.12.0
295/3, 0.17.0
295/7, 0.04.5
317/4, 0.0.6
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&
317/16 0.05.5
Total 0.72.5
24 E. Govindasamy 1002 193 2020 317/17 01.5
25 K.B. Mahesh 1003 69 / 2019 289/7 0.04.5
290/4 0.15.0
Total 0.19.5
26 K. Nagaiyan 1004 70 / 2019 286/14 0.10.0
27 E. Sivan 1005 760 / 295/4 0.12.0
28 K.B. Mahesh 1006 64 / 2019 296/7 0.22.0
296/12 0.23.0
296/13 0.09.0
Total 0.54.0
29 K.B. Mahesh 1007 122 / 272/6 0.22.0
30 Krishnamoorthi 1008 106 / 200/2B 0.01.5
31 E. Sivan 1009 801 / 321/2 0.03.5
32 E. Sivan 1010 780 / 317/11 0.05.0
33 Krishnamoorthi 1011 211 / 278/4 0.10.0
2020 278/6A1 0.08.5
278/6A3 0.20.5
0.38.5
34 E. Sivan 1012 770 / 317/14 0.03.0
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35 Sarojammal & 1014 83 / 2020 268/2B 0.04.0
Ranjana
36 Sarojammal & 1015 81 / 2020 290/6 0.16.0
Ranjana
37 Sarojammal & 1016 68 / 2019 179/8 0.11.5
Ranjana 185/5 0.70.0
185/7 0.04.0
186/4 0.21.5
Total 1.07.0
38 Jothi 1017 163 / 201/6 0.03.0
2020 part
39 Jothi 1018 731 / 286/11 0.16.0
40 Muneeswaran 1022 101 / 191/9 0.04.0
(deceased)rep by LRs 2020
1.Suguna
2.Neshma
3.Rajeswari
4.Punitha Raj
41 Kathavarayan 1023 90 / 2020 286/2 0.09.0
42 E. Govindasamy 1024 85 / 2020 321/4 0.05.0
43 E. Govindasamy 1025 112 / 294/14 0.08.0
44 Muneeswaran (Died) 1026 192 / 181/5 0.08.0
1.Suguna 2021
2.Neshma
3.Rajeswari
4.Punithraj
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45 Muneeswaran (Died) 1027 783 / 199/6 0.08.5
1.Suguna 2021
2.Neshma
3.Rajeswari
4.Punithraj
46 Manogaran 1030 167 / 291/2A 0.03.0
2020 291/3A 0.05.0
Total 0.08.0
47 Manogaran 1031 113 / 278/6A2 0.03.0
48 P. Selvam 1033 162 / 153/14 0.07.0
49 Kathavarayan 1034 208 / 153/11 0.10.5
50 Thukkaram Naidu 1035 175 / 292/2 0.26.0
51 Thukkaram Naidu 1036 176 / 132/2B 0.29.0
52 Thukkaram Naidu 1037 198 / 216/8 0.23.5
Total
53 K.B. Mahesh 1038 173 / 179/6 0.31.5
2020 179/7 0.23.5
179/9 0.12.0
185/9 0.13.0
186/5 0.07.0
Total 0.87.0
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54 Manogaran 1039 183 / 200/2A 0.61.5
2020 200/3 0.21.5
203/16 0.12.5
Total 0.95.5
55 Kathavarayan 1040 118 / 151/6 0.24.0
56 Kathavarayan 1041 204 / 317/6 0.75.0
57 P. Selvam 1042 164 / 288/1B 0.17.0
58 D. Srinivasan 1043 200 / 216/4 0.30.0
59 Manogaran 1044 220 / 280/6 0.22.0
60 R. Radhan 1045 82 / 2020 161/3H 0.02.5
part
161/19B 0.02.5
Part
Total 0.05.0
61 Vidya Devi 1046 189 / 296/8 0.05.5
2020 296/10 0.05.5
Total 0.11.0
62 S. Balaji 1047 196 / 192/3 0.03.5
62 P.B. Murali 1048 174 / 161/3D 0.09.5
2020 161/3B 0.10.5
161/3C 0.10.0
161/3A 0.09.0
162/7B 0.03.0
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Total 0.42.0
64 K.B. Mahesh 1049 126 / 270/5 0.14.5
2020 270/2 0.26.5
Total 4.01.0
65 Kannaiyan 1050 92 / 2020 288/1A 0.13.5
66 K.B. Mahesh 1051 387 / 275/10 0.11.0
67 Dhasarathan, K 1054 219 / 173/2E 0.08.0
2020 175/10 0.14.0
176/5 0.05.5
176/6 0.03.5
176/7 0.02.5
176/11 0.28.0
Total 0.61.5
68 Dhasarathan, K 1055 730 / 165/2 0.53.0
2021 165/4 0.09.5
Total 0.62.5
69 K. Mani 1056 86 / 2020 162/19A 0.14.5
70 K. Mani 1057 197 / 270/8 0.05.0
71 Manickam 1059 129 / 318/4 0.09.0
2020 319/9 0.03.0
319/10 0.01.5
Total 0.13.5
72 Sadhanantham 1060 88 / 2020 330/7B 0.27.0
73 Parandam 1066 128 / 161/4 0.08.5
74 P. Selvam 1067 158 / 153/10 0.10.0
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75 P. Selvam 1068 130 / 282/8 0.09.5
76 Parandam 1069 207 / 143/1 0.07.5
77 P. Nagesh 1070 115 / 263/5 0.06.5
78 Kattan 1071 47 / 2020 175/8 0.07.0
176/1 0.12.0
176/3 0.21.0
176/10 0.24.0
176/2 0.13.0
175/9B 0.04.0
Total 0.71.5
79 P. Nagesh 1072 159 / 290/1 0.04.0
2020 290/2 0.10.0
Total 0.14.0
80 Jagathammal 1073 214 / 196/4 0.33.0
81 K. Mani 1075 84 / 2020 272/7 0.10.0
82 K. Mani 1076 123 / 272/2B 0.31.5
83 P. Radhan 1077 80 / 2020 321/4 0.05.0
323/5 0.20.0
323/6 0.06.5
323/1 0.29.0
Total 0.60.5
84 Manickam 1078 209 / 285/4 1.22.5
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85 Palayam 1079 802 / 153/9 0.06.5
2021 154/1 0.25.0
Total 0.31.5
96 K.B. Mahesh 1080 95 / 2020 180/4 0.14.5
180/5 0.05.5
180/8 0.04.0
180/9 0.28.0
Total 0.52.0
97 Manogaran 1081 224 / 293/4 0.08.5
88 P. Radhan 1082 168 / 323/17 0.26.0
89 D. Srinivasan 1083 194 / 202/2 0.05.0
2020 202/5 0.14.5
204/2 0.05.0
195/9 0.13.0
Total 0.37.5
90 Kannaiyan 1084 732 / 288/8 0.11.5
91 Vidyadevi 1085 199 / 296/4 0.25.0
92 Jothi 1086 735 / 286/7 0.14.0
2021 286/8 0.02.5
286/9 0.04.0
287/2 0.04.5
288/4 0.06.0
288/6 0.05.5
Total 0.37.0
93 P. Radhan 1087 177 / 288/3B 0.13.5
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2020 288/7 0.03.5
Total 0.17.0
94 P.B. Murali 1088 116 / 143/5A 0.17.0
2020 143/5B 0.04.5
143/5C 0.09.5
1435D 0.05.0
143/5E 0.07.0
143/5F 0.05.0
143/5G 0.02.5
143/5H 0.03.0
143/5J 0.10.0
143/5K 0.04.0
143/5L 0.04.0
143/5M 0.10.5
Total 0.82.5
95 E. Govindasamy 1089 120 / 275/5 0.13.0
96 R. Radhan 1090 223 / 144/1 0.12.0
2020 part
97 Jinenthira 1117 178 / 203/2 0.01.0
Chamdariya 2020 part 0.04.5
203/3 0.05.5
Total
98 P. Nagesh 1118 172 / 152/1 0.15.5
2020 152/7 0.09.0
152/9A 0.04.5
153/13 0.21.5
Total 0.50.0
99 M. Ravichandran 1119 111 / 154/1 0.03.0
100 M. Ravichandran 1120 215 / 153/12 0.09.0
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101 P. Radhan 1121 182 / 288/3A 0.19.5
102 1.Jinenthira 1122 98 / 2020 143/6 0.12.5
Chamdariya 143/7 0.17.0
2.Promoth Kumar 143/9 0.19.0
144/2 0.04.0
144/3A 0.07.5
144/3C 0.10.0
144/4A 0.12.0
144/5 0.19.5
144/6 0.42.5
144/3B 0.28.0
144/3D 0.01.5
144/4B 0.03.3
144/10A 0.17.0
Total 1.93.5
103 Jinenthira Samdaria 1123 213 / 145/2B 0.14.5
104 P. Radhan 1124 191 / 290/10 0.13.5
105 Ravichandran 1131 216 / 47.5
106 P. Radhan 1133 212 / 155/10 0.10.5
107 G. Dhasarathan 1138 205 / 194/5 0.17.5
108 Muniyammal 1139 170 / 195/10 0.15.0
2020 part
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Sl Name Appeal L.A.O.P. Survey Extent of
No. Suit Number Number land
Number acquired
(in
ARES)
2025 2020
109 G. Dhasarathan 182 184 201/6 0.63.0
part
110 Govindaraj 186 125 317/9 0.06.5
9. Being aggrieved by the compensation awarded by the 1st
respondent/LAO, the respective landowners sought reference to the authority
concerned individually, the Principal District Judge (Reference Court) at
Tiruvallur, to establish their claim for enhancement of compensation. Accordingly,
the 1st respondent referred the claim of the landowners to the reference court
under Section 64 of the RFCTLAAR Act, 2013.
10. The landowners claimed reference under Section 64 of the RFCTLARR
Act, 2013 inter alia stating that that the market value fixed by the referring officer
was too low and disproportionate to the prevailing market value. The annual
income from the land was not less than Rs. 1,50,000/- per acre. The lands adjacent
to the acquired lands were already converted as house sites and are being sold at
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square foot rate. The acquired lands are situated near the SIPCOT industrial park
formed on the border of Kannan Kottai village, and the SIPCOT has let out the
lands on lease, and as per the lease deed vide Doc. No. 5266 of 2013 dated
11.09.2013 entered by SIPCOT with M/s. Metal Powder Company Limited, the
cost of the plot in Thervoy Kandigai Village was fixed between Rs. 38.50 lakhs
and 50.00 lakhs per acre. Therefore, as per the said lease agreement, the market
rate of the land in the village is Rs. 1,23,578/- per are. Both the villages were
brought within the CMDA limits. Adjacent land was sold for Rs.500/- per square
foot even before the notification in the year 2013. The enquiry officer conducted
the enquiry in a farcical manner, and no real enquiry was conducted. They are
entitled to enhanced compensation under the RFCTLARR Act, 2013, together
with all statutory benefits.
11. The LAO objected to the claim of the landowners for enhancement of
compensation inter alia, contending that the referring officer, while denying the
claim of the landowners for enhanced compensation, contended that there was no
proof to support their claim of Rs.50,000/- per cent as compensation. The market
value claimed by the landowners is too high. No sale transaction took place at the
market value in the vicinity as claimed by the landowners. The claimants are
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entitled only to compensation under the new Act. The new Act came into force
only with effect from 01.01.2014. The landowners are not entitled to rehabilitation
and resettlement benefits introduced under the new Act 2013 considering the law
laid down by the Hon’ble Supreme Court in SLP (C) Nos.663-16632/2018. The
final awards passed shall be construed to be awards for all purposes. The
claimants have already been paid compensation. The claim made by the
landowners for awarding enhanced compensation at Rs.500/- per square foot is
unsustainable both in law and on facts.
12.1 The reference court proceeded to conduct a joint trial in all original
petitions based on the memo filed by the claimants and endorsed by the learned
Government Pleader who appeared for the referring officer and the requiring body,
expressing his no objection to conduct a joint trial in all original petitions.
12.2 During the enquiry before the Reference Court, oral and documentary
evidence were let in by the parties in the lead case in LAOP No.608 of 2021. On
the side of the claimant(s), K.B. Mahesh, the claimant in L.A.O.P. No.608 of
2021, examined himself as C.W.1 and adduced Ex.C.1 to Ex.C.14. On the side of
the referring officer, the Deputy Tahsildar (LA), Kannan Kottai - Thervoy
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Kandigai Reservoir Scheme, examined himself as R.W.1; however, no
documentary evidence was adduced on the side of the claimants.
12.3. Altogether, 145 LAOPs were dealt with by the reference court
(Principal District Judge) at Tiruvallur jointly, and as already stated supra,
L.A.O.P.No.608 of 201 was taken to be the lead case.
13. The reference court has formulated the following questions to decide the
matters:
1) Whether the impugned awards passed by the Land
Acquisition Officer (Referring Officer) are fair and
just?
2) Whether the claimants are entitled to get enhanced
compensation? If so, what is the quantum?
3) Whether these claim petitions are to be allowed?
14.1 On appreciating the available oral and documentary evidence, the
reference court, by common order dated 22.02.2024, found that the market values
fixed by the 1st respondent/LAO were not just and fair. The reference court held
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that the claimants were entitled to get compensation at the enhanced market value
together with all other statutory benefits for the enhanced compensation as against
the market value fixed by the referring officer.
14.2 The details of the market value fixed by the 1st respondent/LAO and
the market value determined by the reference court by common order under appeal
for the enhanced compensation as against the market value fixed by the LAO are
as follows:
Sl.No. LAOP Market Market value Award Number &
Number value determined Date
determined by the
by the LAO reference
Amount in court
Rupees Amount in
Per Are Rupees
Per Are
1. 608 of 2021 Rs.17,300/- Rs.29,640/- 1 of 2014 / 28.08.2020
2. 64 of 2019 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
3. 69 of 2019 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
4. 95 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 01.06.2018
5. 103 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
6. 122 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
7. 126 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
8. 171 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
9. 173 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 01.0.2018
10. 195 of 2020 Rs.19,770/- Rs.29640/- 5 of 2013 / 01.06.2018
11. 387 of 2022 Rs.22,240/- Rs.29,640/- 5 of 2013 / 14.09.2020
12. 196 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
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13. 170 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
14. 51 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
15. 125 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
16. 49 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
17. 190 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
18. 728 of 2021 Rs.22,240/- Rs.29,640/- 4 of 2014/ 16.09.2020
19. 97 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 01.06.2018
20. 108 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
21. 194 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
22. 200 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
23. 730 of 2021 Rs.19,770/- Rs.29,640/- 3 of 2014 / 11.09.2020
24. 735 of 2021 Rs.22,240/- Rs.29,640/- 3 of 2013 / 15.09.2020
25. 731 of 2021 Rs.22,240/- Rs.29,640/- 3 of 2013 / 15.09.2020
26. 163 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
27. 70 of 2019 Rs.22,240/- Rs.29,640/- 3 of 2013/ 16.04.2018
28. 98 of 2020 Rs.14,830/- Rs.29,640/- 6 of 2014 / 16.08.2018
Rs.19,770/-
29. 213 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2014 / 16.08.2018
30. 178 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
31. 214 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014/ 17.04.2018
32. 189 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
33. 1999 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
34. 187 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
35. 193 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
36. 169 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
37. 120 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2013 / 12.04.2018
38. 112 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
39. 85 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
40. 67 of 2019 Rs.17,300/- Rs.29,640/- 1 of 2014 / 09.04.2018
41. 50 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2013 / 06.04.2018
42. 105 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
Rs.23,475/-
43. 217 of 2020 Rs.14,830/- Rs.29,640/- 1 of 2014 / 24.04.2018
44. 211 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 12.04.2018
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45. 106 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
46. 87 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
47. 205 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
48. 219 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 24.04.2018
49. 184 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
50. 121 of 2020 Rs.19,770/- Rs.29,640/- 3 of 2014 / 17.04.2018
51. 93 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2014 / 17.04.2018
52. 73 of 2019 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
53. 203 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
54. 47 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 24.04.2018
Rs.19,770/-
55. 86 of 2020 Rs.14,830/- Rs.29,640/- 1 of 2014 / 24.04.2018
56. 123 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
57. 197 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
58. 84 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
59. 102 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
60. 210 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
61. 179 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
62. 161 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
63. 618 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 12.04.2018
64. 180 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
65. 164 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
66. 162 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
67. 158 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
68. 130 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 12.04.2018
69. 160 of 2020 Rs.23,475/- Rs.29,640/- 4 of 2013 / 30.04.2018
70. 192 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
71. 157 of 2020 Rs.23,475/- Rs.29,640/- 4 of 2013 / 30.04.2018
72. 66 of 2019 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
73. 72 of 2019 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
74. 90 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
75. 109 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
76. 118 of 2020 Rs.19,770/- R.29,640/- 4 of 2013 / 30.04.2018
77. 204 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
78. 208 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
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79. 92 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
80. 713 of 2021 Rs.19,770/- Rs.29,640/- 5 of 2013 / 14.09.2020
81. 732 of 2021 Rs.22,240/- Rs.29,640/- 3 of 2013 / 15.09.2020
82. 91 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
83. 79 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
84. 206 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
85. 104 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
86. 802 of 2021 Rs.19,770/- Rs.29,640/- 4 of 2013 / 31.08.2020
Rs.23,475/-
87. 222 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
88. 172 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 31.08.2020
Rs.23,475/-
89. 115 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
90. 159 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
91. 128 of 2020 Rs.19,770/- Rs.29,640/- 1 of 2014 / 24.04.2018
92. 207 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2014 / 16.08.2018
93. 116 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2014 / 16.08.2018
94. 174 of 2020 Rs.14,830/- Rs.29,640/- 1 of 2014 / 24.04.2018
Rs.19,770/-
95. 88 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
96. 114 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2013 / 06.04.2018
97. 111 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
98. 166 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
99. 188 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
100. 215 of 2020 Rs.19,770/- Rs.29,640/- 4 of 2013 / 30.04.2018
101. 216 of 2020 Rs.23,475/- Rs.29,640/- 4 of 2013 / 30.04.2018
Rs.19,770/-
102. 96 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2014 / 06.04.2018
Rs.22,240/-
103. 81 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
104. 68 of 2019 Rs.19,770/- Rs.29,640/- 5 of 2013 / 01.06.2018
105. 83 of 2020 Rs.19,770/- Rs.29,640/- 7 of 2013 / 09.04.2018
106. 127 of 2020 Rs.19,770/- Rs.29,640/- 1 of 2014 / 24.04.2018
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107. 181 of 2020 Rs.19,770/- Rs.29,640/- 1 of 2014 / 24.04.2018
108. 119 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2014 / 11.07.2018
109. 175 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
110. 176 of 2020 Rs.14,830/- Rs.29,640/- 3 of 2014 / 05.04.2018
111. 198 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
112. 107 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
113. 124 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
114. 165 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2014 / 11.07.2018
115. 780 of 2021 Rs.22,240/- Rs.29,640/- 2 of 2014 / 25.09.2020
116. 770 of 2021 Rs.22,240/- Rs.29,640/- 2 of 2014 / 25.09.2020
117. 762 of 2021 Rs.22,240/- Rs.29,640/- 2 of 2014 / 25.09.2020
118. 760 of 2021 Rs.22,240/- Rs.29,640/- 2 of 2014 /
25.09.2020
119. 94 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
120. 801 of 2021 Rs.22,240/- Rs.29,640/- 1 of 2014 / 28.09.2020
121. 82 of 2020 Rs.14,830/- Rs.29,640/- 1 of 2014 / 24.04.2018
122. 192 of 2021 Rs.19,770/- Rs.29,640/- 2 of 2014 / 15.09.2020
123. 101 of 2020 Rs.22,240/- Rs.29,640/- 6 of 2014 / 06.04.2018
124. 783 of 2021 Rs.22,240/- Rs.29,640/- 5 of 2014 / 25.09.2020
125. 224 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
126. 220 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 12.04.2018
127. 167 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
128. 183 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2014 / 17.04.2018
129. 113 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 12.04.2018
130. 221 of 2020 Rs.19,770/- Rs.29,640/- 5 of 2013 / 01.06.2018
131. 71 of 2019 Rs.19,770/- Rs.29,640/- 5 of 2014 / 17.04.2018
Rs.22,240/-
132. 129 of 2020 Rs.22,240/- Rs.29,640/- 2 of 2014 / 09.07.2018
133. 209 of 2020 Rs.22,240/- Rs.29,640/- 5 of 2013 / 12.04.2018
134. 89 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2014 / 16.08.2018
135. 48 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 24.04.2018
136. 80 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
137. 110 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
138. 117 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
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139. 156 of 2020 Rs.22,240/- Rs.29,640/- 7 of 2013 / 09.04.2018
140. 168 of 2020 Rs.22,240/- Rs.29,640/- 1 of 2014 / 16.04.2018
141. 177 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
142. 182 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
143. 191 of 2020 Rs.22,240/- Rs.29,640/- 3 of 2013 / 16.04.2018
144. 212 of 2020 Rs.23,475/- Rs.29,640/- 4 of 2013 / 30.04.2018
145. 223 of 2020 Rs.19,770/- Rs.29,640/- 6 of 2014 / 16.08.2018
Of which 110 appeal suits alone have been listed before this court for disposal,
which are being disposed of by this common order, and the rest of the appeal suits
which have been filed with a delay in preferring the appeal suits are at the filing
stage.
15. The main grounds urged in the appeal memorandum (s) are as follows:
(i) The reference court has overlooked the
provisions of Section 26(1) of the RFCTLARR Act, 2013.
(ii) The reference court has adopted the highest of
sale exemplars instead of adopting the method prescribed under
Section 26(1) of the RFCTLARR Act, 2013.
(iii) The reference villages are 60 kilometers away
from the Chennai City and therefore, they come under the
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category of rural area and as such the multiplier method
adopted by the reference court is not correct and it should have
been '2' instead of 1.25.
(iv) The claim of the claimants in some of the
cases for enhanced compensation for superstructure, wells /
bore wells, trees and other attachments to the acquired land was
not properly considered by the reference court. The order of the
reference court setting off the value of superstructure and other
assests and things attached to the acquired land for the
depreciation value of the acquired land is against law.
(v) The reference court erred in not considering the claim
of the landowners for a direction to the authorities concerned to
make a provision for burial/cremation ground with all facilities.
17. In the light of the above grounds, the points that arise
for consideration are:
(1) Are the claimants/appellants still eligible for higher
compensation?
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(2) Whether the claimants, in some of the cases where
superstructure, wells/bore wells and trees were involved, are
entitled to get enhanced compensation thereof?
(3) Whether the appellants/claimants are entitled to
infrastructural amenities under RFCTLARR Act, 2013?
(4) To what other relief the appellants/claimants are
entitled?
16. Heard the learned counsel for the appellants/claimants and the
respective learned law officers on behalf of the respondents 1 & 2.
ARGUMENTS ON FAIR COMPENSATION:
Point No.1:-
Are the claimants/appellants still eligible for higher
compensation?
17. The learned counsel for the claimants/appellants herein would submit
that the claimants were poor agriculturists who relied solely on their agricultural
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income. The acquisition of their agricultural fields had a tremendous impact on
their livelihood, since they lost their sole source of revenue. They are now jobless,
which negatively impacts their living standards.
18. The learned counsel appearing for the appellants/claimants would
strenuously submit that
(i) the reference court has overlooked the provisions of Section 26(1) of the
RFCTLARR Act, 2013, which provides a mechanism for the assessment and
determination of the market value of the acquired land by the LAO based on the
approach which determines the highest amount, out of the two approaches set out
in clause (a) and (b) of sub-section (1) of the Section 26 of the RFCTLARR Act,
2013;
(ii) the reference court has erred in considering only one sale deed out of
247 sale deeds, which according to the reference indicated the highest sale price.
This approach of the reference court is not correct as there is substantial difference
between the old and new Act in the assessment of the highest sale price and
determination of the market value of the acquired land.
(iii) the reference court should have taken into account both the market
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value in other words guideline value specified under the Indian Stamp Act, 1899
for the registration of sale deeds in Kannan Kottai and Thervoy Kandigai Village
where the acquired lands are situated as well as the average sale price, assessed
and determined market value of the acquired land by adopting value whichever is
higher as provided under sub-section (1) of Section 26 of the RFCTLARR Act,
2013.
19. The learned counsel for the claimants/appellants would further submit
that the claimants, who stood to lose their lands in view of the acquisition and the
acquisition had a significant impact in the livelihood of the claimants; the
claimants were therefore unable to mobilize funds for the payment of court-fees as
such they had to restrict the claim for enhancement of market value at Rs.50,000/-
per are as against the market value determined by the reference court ranging
between Rs.14,830/- and Rs.23,475/- per are. However, if this court finds that the
market value determined by the reference court per are and the claimants would be
entitled to higher compensation, they are ready to pay the appropriate court-fees
for the enhanced compensation.
20. The learned counsel for the claimants/appellants herein would bring to
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the attention of this court various sale transactions that had taken place during the
immediately preceding three years of the year in which such acquisition of land
was proposed to be made taking through the exemplar sale deeds produced in the
form of a typed set of papers in IV volumes.
21. According to the learned counsel for the claimants/appellants, the LAO
as well as the reference court ought not to have discarded the sale exemplars
which indicated higher price simply because the guideline value was not available,
the guideline value was not matching or the sale value was high. Even if the sale
transactions relate to the residential plots on the ground of small extent and
government land are excluded, taking into account the rest of the sale exemplars
for determining the average sale price as referred to in Explanation-1 of sub-
section (1) of Section 26, had one-half of the total number of sale deeds in which
the highest sale price has been mentioned been taken into account, the claimants
would have been adequately compensated. Such consideration was not made by
the reference court; hence, the common judgment and decree in so far as the
claimants/appellants herein are concerned require modification suitably by
enhancing the compensation to not less than between Rs.1,00,00,000/- and
Rs.3,00,000/- by considering the average sale price.
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22. The learned counsel for the appellants/claimants in support of his
submissions would place much reliance on the judgment of the Hon’ble Supreme
Court in the cases of
(i) Special Land Acquisition Officer v. Karigowda and others,
[AIR 2010 SC 2322]
and of this court in the cases of
(i) Union of India v. K.Rajeswari, [2024 (5) CTC 588] and
(ii) Anandan (Deceased) v. Union of India, [2024 (6) CTC 794].
23.1 Per contra, the learned law officers appearing on behalf of the
respondents, while admitting the fact that the cases on hand come under Section
24(1)(a) of the RFCTLARR Act, 2013, and as such, would fairly concede that the
entire approach of the reference court while assessing the market value of acquired
lands was wrong, as it had overlooked the provision in Section 26 of the
RFCTLARR Act, 2013.
23.2 The law officers would further contend that the notifications for
acquisition of various extents of land in the cases on hand were issued between
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06.06.2013 and 24.07.2013, and therefore Ex.C.1 lease deed cannot be taken into
consideration. Further, according to them, Ex.C.6 is a sale deed dated 16.12.2013
in respect of 1076 square feet of housing site comprised in S.No.89/7 of
Madharpakkam village, Gummidipoondi Taluk. This also cannot be taken into
consideration as it relates to post 4(1) notifications and that by that time,
considerable development had taken place in the area around the SIPCOT.
23.3 The law officers would further contend that, Ex.C.5 is also a sale deed
relating to a small-sized housing plot. Though the transfer under Ex.C.5 was made
on 20.07.2012, which was long before the immediately preceding three years of
the year in which the acquisition of land was proposed to be made, it also relates
to the transfer of a small-sized housing plot measuring 1317 square feet comprised
in S.No.183/2A1A1 of Madharpakkam village, Gummidipoondi Taluk. Therefore,
Ex.C.5 sale deed also cannot be taken into consideration since a large extent of
land was acquired, and when the acquired land is vast, a small extent of sale
transactions, particularly the sale of small-sized housing plots, cannot be taken
into consideration for the assessment and determination of the market value of the
acquired lands.
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23.4 The learned law officers would further contend as follows:
(a) Though the notification under Section 4(1) of the LA Act,
1894, expressing the intent of the government to acquire the lands in
Kannan Kottai and Thervoy Kandigai Village in Gummidipoondi
Taluk, Tiruvallur District, was published in June and July 2013, the
administrative sanction was made as early as on 24.01.2012, and
sensing the acquisition proceedings in 2012 itself, the landowners in
the villages had got up the sale price, and many of the transactions
that had taken place after the administrative sanction for acquisition
of land on 24.01.2012 were not bona fide transactions.
(b) Considering the fact that the sale price mentioned in many
of the sale exemplars was either not indicative of actual prevailing
market value in the area or not matching with the guideline value, the
LAO had outrightly discounted them from the purview of
consideration for the assessment and determination of market value of
the acquired lands.
(c) In the absence of any other material produced on behalf of
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the claimants, there is no other option except to take into
consideration the sale exemplars. On reassessment of the market
value, if this court finds that the market value determined by the
reference court is not fair and claimants are entitled to higher
compensation, the sale exemplars in respect of house/residential
plots, government lands, sales with respect to the period three years
preceding the year in which notifications proposing acquisition were
made, and the sale exemplars where the sale price is not indicative of
prevailing market value may be excluded from consideration.
24. I have considered the rival submissions and perused the available
records carefully.
25.The claimants are now left in the lurch after the State, in exercising its
eminent domain, compulsorily took away their agricultural holdings, which were
their sole source of income. No doubt, the acquisition of lands from the claimants
could have had a significant impact on their livelihoods, especially when they
were dependent on agricultural land for their daily lives and economies.
26. Deprivation of livelihood is a serious concern because it undermines the
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abilities of the affected families, whose agricultural lands have been acquired by
way of compulsory acquisition, to meet basic needs and maintain a decent
standard of living. Therefore, undoubtedly, the claimants being land losers and
affected by the compulsory acquisition, they must be compensated with fair
compensation.
27. Though land acquisition proceedings were originally initiated under the
LA Act, 1894, and notifications under Section 4(1) of the LA Act, 1894, between
06.06.2013 and 24.07.2013, for the acquisition of different extents of land in
Kannan Kottai and Thervoy Kandigai Villages, awards were not passed under the
LA Act, 1894, and acquisition proceedings were pending for award enquiries;
indisputably, on coming into force, the RFCTLARR Act, 2013, with effect from
01.01.2014, Section 24 of the RFCTLARR Act, 2013, was applied, and
acquisition proceedings were to be continued under the RFCTLARR Act, 2013.
28. The issue relating to the determination of market value as of 01.01.2024
in respect of cases falling under Section 24(1)(a) of the RFCTLARR Act, 2013, is
no longer res integra. Therefore, in the light of the settled law in the case where
acquisition proceedings were initiated under the LA Act, 1894 and award under
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Section 11 of the LA Act, 1894 has been made, then, all the provisions of the
RFCTLAAR Act, 2013 shall apply and the reference date for calculation of market
value under Section 24(1)(a) of the RFCTLARR Act, 2013 shall be 01.01.2014,
the date of commencement of the RFCTLARR Act, 2013.
29. Sub-section (1) of section 26 of the RFCTLARR Act, 2013, reads as
follows:
“26. Determination of market value of land by
Collector. – (1) The Collector shall adopt the following
criteria in assessing and determining the market value of
the land, namely: —
(a) the market value, if any, specified in the
Indian Stamp Act, 1899 (2 of 1899) for the
registration of sale deeds or agreements to sell, as the
case may be, in the area, where the land is situated;
or
(b) the average sale price for similar type of
land situated in the nearest village or nearest vicinity
area; or
(c) consented amount of compensation as
agreed upon under sub-section (2) of section 2 in
case of acquisition of lands for private companies or
for public private partnership projects,
whichever is higher:
Provided that the date for determination of
market value shall be the date on which the
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notification has been issued under section 11.
Explanation 1. —The average sale price
referred to in clause (b) shall be determined taking
into account the sale deeds or the agreements to sell
registered for similar type of area in the near village
or near vicinity area during immediately preceding
three years of the year in which such acquisition of
land is proposed to be made.
Explanation 2.—For determining the average
sale price referred to in Explanation 1, one-half of
the total number of sale deeds or the agreements to
sell in which the highest sale price has been
mentioned shall be taken into account.
Explanation 3.—While determining the
market value under this section and the average sale
price referred to in Explanation 1 or Explanation 2,
any price paid as compensation for land acquired
under the provisions of this Act on an earlier
occasion in the district shall not be taken into
consideration.
Explanation 4.—While determining the
market value under this section and the average sale
price referred to in Explanation 1 or Explanation 2,
any price paid, which in the opinion of the Collector
is not indicative of actual prevailing market value
may be discounted for the purposes of calculating
market value.”
30.1 Thus, sub-section (1) of 26 of the RFCTLARR Act, 2013, provides for
a mechanism for the assessment and determination of the market value for the
acquired land by the Collector based on the approach which determines the
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highest amount out of the three approaches enlisted therein. Explanations
thereunder, particularly Explanation 1 and 2, clearly show that the procedure to
determine the market value of the acquired land by the collector.
30.2 Thus, it is evident that there is a substantial difference between the
Land Acquisition Act, 1984 and the RFCTLARR Act, 2013 in the matter of
assessment and determination of market value.
30.3 Under Section 26 the RFCTLARR Act, 2013 to determine the market
value of the acquired land, the LAO must assess the market value, if any, specified
in the Indian Stamp Act, 1899 for the registration of sale deeds or agreements to
sell, as the case may be, in the area, where the land is situated and the average sale
price for similar type of land situated in the nearest village or nearest vicinity area
and adopt the value whichever is higher to determine the market value of the
acquired land.
30.4 Clause (c) to Sub-section (1) of Section 26 of the RFCTLARR Act,
2013, would not be applicable to the instant cases, as the acquisition is for a public
purpose for the formation of a reservoir. Thus, clauses (a) and (b) alone would
apply.
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ASSESSMENT OF MARKET VALUE (GUIDELINE VALUE):
31. There were 18 different awards passed by the LAO in respect of the
lands acquired from the claimants. Most of the exemplar sale deeds are common in
all the awards. The reference court took into consideration 247 documents in
respect of the sale transaction that took place between 17.06.2010 and 17.06.2013.
Those documents were considered by the LAO while passing the award vide
Award No.1 of 2014 dated 09.04.2018.
32. The reference court after rejecting 246 out of 247 sale exemplars on
various grounds adopted sale exemplar (Sl.No.215) to determine the market value
of the acquired lands as Rs.29,640/- per are. This was the method to be followed
in the case of the acquisition under the LA Act, 1894 and not under the
RCTCLARR Act, 2013. Thus, this approach of the reference court is apparently
incorrect in law.
33. Though reference court was not in agreement with the conclusion of the
LAO with respect to the assessment and determination of the market value of the
acquired land as the LAO had rejected almost all the sale exemplars on the ground
that either the sale values were high, guidelines were not available, or guideline
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values were not matching or not indicative of prevailing market values, upon
analyzing the sale exemplars, it shortlisted the sale exemplars for consideration.
The details of the documents shortlisted by the reference court in this regard are
tabulated hereunder:-
Kannan Kottai Village
Sl. Sl. No. Doc. Date of the Survey Extent Value of Rate Guide-
No. mentioned No. Document No. (Acre) the sale as fixed per line
in the per Are (Rs) Value
impugned document
award (Rs)
1. 51 3406 25.06.2012 284/5 0.23.3 213750 22230 22240
Acres
2. 52 3887 13.07.2012 289/3 0.39. ½ 355500 22230 22240
Acres
3. 53 3888 13.07.2012 275/7, 0.70. ½ 634500 22230 22240
4. 54 13 02.01.2013 189/10 0.12 96000 19760 19770
5. 55 1619 20.03.2013 289/5 0.08 72000 22230 22240
6. 56 1985 03.04.2013 289/5 0.08 72000 22230 22240
7. 57 2065 08.04.2013 284/3 0.38 342000 22230 22240
8. 58 3068 29.05.2013 145/2B 0.35 420000 29640 22240
9. 189 2514 02.05.2012 214/3C, 0.15 135000 22230 22240
214/5,
10. 190 3367 21.06.2012 310/4 0.27 243000 22230 22240
11. 191 3368 21.06.2012 302/3, 1.76.3 795375 11115 22240
301/4,
12. 192 3389 25.06.2012 255/6 0.05 40000 19760 19770
13. 193 3403 25.06.2012 196/2 0.11 99000 22230 22240
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14. 194 3408 25.06.2012 192/8, 0.52 468000 22230 22240
199/6,
15. 195 5572 10.10.2012 318/8 0.25 225000 22230 22240
16. 196 5573 10.10.2012 318/5 0.28 252000 22230 22240
17. 197 5738 17.10.2012 319/11 0.15 135000 22230 22240
18. 198 5866 22.10.2012 195/4 0.14 126000 22230 22240
19. 199 6206 15.11.2012 203/17 0.35 315000 22230 22240
20. 200 7129 27.12.2012 248/2 0.06 45000 22230 22240
21. 201 7131 27.12.2012 18/6 0.19 152000 19760 19770
22. 202 1123 28.02.2013 329/4 0.53 152000 32308 80 per
sq.
ft.
23. 203 1603 20.03.2013 191/12 0.06 54000 22230 22240
24. 204 1605 20.03.2013 321/7 0.44 396000 22230 22240
25. 205 1606 20.03.2013 191/4 0.4 360000 22230 22240
26. 206 1607 20.03.2013 311/12, 0.25 225000 22230 22240
27. 207 1827 27.03.2013 203/9 0.37 333000 22230 22240
28. 208 1840 27.03.2013 194/3 0.12 108000 22230 22240
29. 209 1841 27.03.2013 204/1, 0.53 1482000 69066 22240
171/3,
191/2,
184/2C
30. 210 1842 27.03.2013 216/2 0.37 333000 22230 22240
31. 211 1856 27.03.2013 217/4, 1.08 999000 20790 22240
217/8,
178/1,
32. 212 1893 01.03.2013 203/18, 0.32 263000 20300 22240
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33. 213 1894 27.03.2013 218/3, 0.57 513000 22230 22240
28.03.2013 218./5,
34. 214 1885 04.03.2013 94/6, 0.96 1097500 28091 22240
28.03.2013 194/7,
201/8,
202/6,
215/5,
184/10B
35. 215 1925 01.04.2013 249/5 0.03 36000 29640 29655
36. 216 1926 01.04.2013 298/3 0.58 580000 24700 24710
37. 217 1927 01.04.2013 298/3 0.26 260000 24700 24710
38. 218 2010 04.04.2013 215/7, 0.08 976500 301494 22240
218/6,
218/7,
39. 219 2013 04.04.2013 211/2 0.08 64000 19760 19770
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40. 220 2014 04.04.2013 261/9, 0.51. 471000 22591 24710
212/6,
41. 221 2259 17.04.2013 245/4 0.07 60000 19760 80 per
sq.
ft.
42. 222 2288 18.04.2013 214/6 0.16 144000 22230 22240
43. 223 2289 18.04.2013 204/3 0.15 135000 22230 22240
44. 224 2290 18.04.2013 202/4 0.15 135000 22230 22240
45. 225 2927 22.04.2013 259/7 0.06 48000 19760 19770
46. 226 3069 29.05.2013 259/5 0.1 80000 19760 19770
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47. 227 3070 29.05.2013 296/14, 0.44 440000 24700 24710
48. 228 3176 03.06.2013 311/11, 0.33 301500 22230 22240
49. 229 3177 03.06.2013 304/4 0.34 306000 22230 22240
50. 230 3196 03.04.2013 311/9, 0.17 157500 22230 22240
51. 231 3197 04.06.2013 299/5 0.1 90000 22230 22240
03.04.2013
52. 232 3198 06.05.2013 320/56, 0.26 575000 54720 22240
06.06.2013 320/3,
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53. 233 3199 06.05.2013 297/5, 0.16 279000 43071 22240
Thervoy Kandigai Village
Sl. No. Exten Value of Rate
in the Docu Surve t the sale fixed Guid
Document ment Date of y (Acre) as per per eline
List of Num document Numb docume Are Valu
impugned ber er nt (Rs) (Rs) e
award
54. 96 74 08.01.2013 4/7 0.20 140000 17290 17300
55. 82 3077 04.06.2012 34/1, 1635 90000 59438 Not
325/25, sq. ft. availa
ble
325/
25A
56. 83 3458 27.06.2012 95/9 0.10 75000 18525 18535
57. 86 6420 23.11.2012 90/4 0.33 257500 18525 18535
58. 89 346 28.01.2013 41/1A2 0.10 70000 17290 17300
34. The reference court, upon assessing the sale value and guideline values
prescribed for different survey fields, considered a sale exemplar under Sl.No.215,
which, according to the reference court, indicated the highest bona fide market
value and determined the market value of the acquired land.
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35. This court has gone through the guideline value fixed for various survey
numbers in Kannan Kottai and Thervoy Kandigai Villages in Gummidipoondi
Taluk in Tiruvallur District.
36. The tabular column shows that different guideline values are set for the
land located in various survey fields. As already discussed supra, the reference
court, based on the highest sale exemplar, determined the market value as
Rs.29,640/- per are invariably for all the lands.
37. Evidently, as already discussed supra, the LAO had overlooked the
provisions in Section 26(1) and failed to adopt the method which assesses the
highest market value out of the options as provided under sub-Section (1) of
Section 26 of the RFCTLARR, 2013, more particularly the options provided under
clauses (a) and (b). On this score the market value determined by the reference
court is not sustainable, and this court must necessarily redo the assessment of the
market value for the determination of the market value of the acquired land in
terms of Section 26(1) of the RFCTLARR Act, 2013, for fixation of fair
compensation.
GUIDELINE VALUE AS SPECIFIED IN INDIAN STAMP ACT, 1899:
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38. Let us now assess the market value (guideline value) fixed in respect of
the lands as specified in the Indian Stamp Act, 1899 for the registration of sale
deeds in Kannan Kottai and Thervoy Kandigai village where the acquired lands
are situated. It is seen from the available records that the guideline values vary for
each survey field. The highest guideline value, as could be seen from the list
mentioned above, is found to be Rs.29,655/- per are. Though the lands were
acquired in different survey numbers under different acquisition proceedings,
indisputably, they were adjacent to each other and are acquired for the same
purpose.
39. In the case of Ali Mohammad Beigh and others v. State of Jammu
and Kashmir [(2017) 4 SCC 717], the Hon’ble Supreme Court has held that it
would be unfair to discriminate between the appellants/land owners and the land
owners in the other references, when lands located in two different villages in the
same neighbourhood are acquired simultaneously and for the same purpose unless
there are strong reasons.
40. In the light of the above settled legal position, for the lands acquired
from the claimants situated in Kannan Kottai and Thervoy Kandigai village for the
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purpose of formation of a new reservoir, in the absence of any evidence from the
respondents demonstrating strong reasons, this court is of the considered view that
showing discrimination among the claimants would not be fair. Therefore, as
provided under clause (a) of sub-section (1) of Section 26 of the RFCTLARR Act,
2013, based on the materials available on record, this court concludes that the
guideline value of the acquired lands could be assessed as Rs.29,655/- per are.
AVERAGE SALE PRICE:
41. Let us now assess the average sale price as required under clause (b) of
sub-section (1) of Section 26 of the RFCTLARR Act, 2013 by considering the sale
exemplars registered for similar type of area in the nearby village or nearby
vicinity. In the instant case, though acquisition was originally initiated under the
LA Act, 1894 and notifications under Section 4(1) of the LA Act, 1894 were
issued between 06.06.2013 and 24.07.2013, as already discussed, on the
RFCTLAAR Act, 2013 coming into force with effect from 01.01.2014, the market
value for acquired lands, will be assessed based on Section 26(1) of the
RFCTLARR Act.
42. There is already a list of sale exemplars available on record, which was
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not considered properly by the reference court as provided under Section 26(1) of
the RFCTLARR Act, 2013.
43. The learned counsel for the claimants bringing notice of the
developments that had already taken place after the establishment of SIPCOT
Industrial Park in 1983 and the developments that are taking place in and around
the subject villages to this court and taking this court through the sale exemplars
compiled in the form of a tabular column enclosed in the synopsis produced at the
time of arguments, would strenuously submit that the market value fixed by the
reference court was not correct and not commensurate with the prevailing market
value.
44. The learned counsel for the claimants would assertively submit that
Kannan Kottai and Thervoy Kandigai village are located near Gummidipoondi,
and that the neighbourhoods surrounding Gummidipoondi are rapidly growing
because of the rise in the sale of home plots. Gummidipoondi is very well
connected by both road and rail facilities. The CMDA limit has been expanded to
include Gummidipoondi. Even before the proposal for acquisition of lands was
announced in the year 2013, the nearby properties within 1.5 kilometres radius
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were being sold for at least Rs.150 per square foot.
45. In short, the learned counsel for the claimants would assertively submit
that the reference court had completely failed to determine the market value
in conformity with the requirements in subsection (1) of section 26 of the
RFCTLARR Act, 2013.
46. Following a lengthy argumentation, the learned counsel would take this
court through the provision of Section 26 of the RFCTLARR Act, 2013, which
provides that the land acquisition authority must determine the average
sale price by taking one-half of the total
number of sale deeds with the highest price reflected.
47. In addition, the learned counsel for the claimants would submit that the
reference court has failed to adopt the multiplier factor "2" as outlined in the First
Schedule to the RFCTLARR Act, 2013 determine the compensation.
48. No doubt, the individual landowners who have been unavoidably
deprived of their property rights in land must be fairly compensated for the loss
keeping in view the sacrifice they have to make for the larger interests of the
community.
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49. Coming to the assessment of average sale price as set out under clause
(b) of Section 26(1) of the RFCTLARR Act, 2013, there were 18 awards passed in
respect of the subject lands. Many of the sale exemplars are commonly considered
in all the awards. It was therefore necessary to avoid those repeated sale
particulars.
50.1 From the statements of particulars shown in the tabular column
annexed to the synopsis submitted on behalf of the claimants, this court was able
to compile 484 sale exemplars which were rejected by the LAO as well as the
reference court. It is seen from each of the awards that there were sale exemplars
relating to housing sites/residential plots found and considered by the LAO as well
as the reference court, and those sales were rightly rejected by them, as when a
large extent of land was acquired, small-sized residential plots sold on a square-
foot basis cannot be considered.
50.2 Therefore, it is necessary for this court to shortlist those sale exemplars
from 484 to 47 after excluding the sale deeds, which were invariably the subject
matter of consideration in all the awards, reflecting similar values, housing
sites/residential plots, Government lands, and the sale exemplars relate to the year
(2013) in which the notifications were issued. Therefore, this court must go by the
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available 47 sale exemplars to assess the market value of the acquired land.
Accordingly, this court shortlisted the sale exemplars.
51. The details of those shortlisted sale deeds are tabulated hereunder:
Serial Typed Page SL. Value Doc. Doc.
No. set No. No. in
No. Date
Volume AREs
Number
1. 3 743 202 158996 4276 03.08.2012
2. 3 534 132 99866 4277 03.08.2012
3. 1 233 110 97861 4274 03.08.2012
4. 1 232 99 88394 2368 24.04.2012
5. 1 226 27 88179 2788 30.06.2011
6. 2 498 286 86745 5812 19.10.2012
7. 3 689 170 86376 4276 03.08.2012
8. 3 690 173 86340 5324 28.09.2012
9. 2 498 285 86301 5717 24.09.2012
10. 3 688 161 86284 2368 24.04.2012
11. 3 644 161 86253 4734 30.08.2012
12. 3 689 169 86221 4274 03.08.2012
13. 1 234 114 86187 5324 28.09.2012
14. 3 535 134 86154 5324 28.09.2012
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15. 2 348 108 86153 5324 28.09.2012
16. 1 234 115 80090 5327 28.09.2012
17. 3 690 174 79800 5327 28.09.2012
18. 2 348 109 79692 5327 28.09.2012
19. 1 234 111 78290 4276 03.08.2012
20. 1 229 67 73482 5962 14.12.2011
21. 1 231 88 68090 1487 21.03.2012
22. 1 228 49 61676 4016 07.09.2011
23. 1 225 18 61585 4311 27.10.2010
24. 1 228 50 60860 4017 07.09.2011
25. 1 229 61 60762 4912 31.10.2011
26. 2 498 280 59438 3077 04.06.2012
27. 2 306 17 57966 3071 28.07.2010
28. 1 231 87 55970 1486 21.03.2012
29. 1 225 17 54669 4310 27.10.2010
30. 1 224 5 54340 4914 31.10.2011
31. 2 496 257 54163 3496 31.08.2010
32. 1 225 15 54093 4308 27.10.2010
33. 2 497 273 54086 5291 18.11.2011
34. 3 685 108 54042 3639 17.08.2011
35. 4 776 52 54031 5962 14.12.2011
36. 2 497 275 53985 688 15.02.2012
37. 3 736 118 53956 642 17.02.2011
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38. 1 188 79 53955 642 17.02.2011
39. 3 687 143 53929 1390 15.03.2012
40. 3 688 147 53921 1486 21.03.2012
41. 1 229 59 53910 4908 31.10.2011
42. 2 342 48 53900 3639 17.08.2011
43. 3 688 148 53897 1487 21.03.2012
44. 1 194 136 53846 1643 26.03.2012
45. 1 229 60 53056 4911 31.10.2011
46. 1 183 39 45969 3670 17.08.2011
47. 1 229 62 42237 4913 31.10.2011
52. As already discussed in the preceding paragraphs of this judgement, as
per the list of market guideline values maintained by the Registration Department
as specified in the Indian Stamp Act, 1899, for the registration of sale deeds in the
area where the land is situated, the guideline value of the property was Rs.29,655/-
per are. No doubt, the market value of the properties in the subject villages has
rocketed after the SIPCOT Industrial Park was established in 1983. The SIPCOT
Industrial Park is admittedly on the border of Kannan Kottai village. The
potentiality of the acquired land was not all denied by R.W.1 in his cross-
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examination.
53. Placing much reliance upon Ex.C.1 lease deed, the learned counsel for
the claimants made an attempt to draw the attention of this court to the fact that as
per Ex.C.1, the market rate of the land in the area was Rs.1,23,578/- per are. This
court, however, does not find any illegality in the findings of the reference court in
discarding Ex.C.1-Supplementary Lease Deed dated 11.09.2013 entered between
SIPCOT Limited and M/s. Metal Powder Company Limited. The reference court
rightly discarded Ex.C.1 from consideration, as the lease was given after the land
was developed by the SIPCOT. Furthermore, as per section 26(1) of the
RFCTLARR Act, 2013, the market value specified in the Indian Stamp Act, 1899
(2 of 1899) for the registration of sale deeds or agreements to sell in the area
where the land is situated alone could be taken into consideration for assessing
and determining the market value of the acquired land.
54. Insofar as Ex.C.5 and Ex.C.6 are concerned, admittedly, they relate to
the sale of small-sized housing plots situated in the neighbourhood. Therefore,
those sale deeds cannot be taken into consideration because the land acquired in
question is a large extent of land, and the same was, admittedly, agricultural land
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and not fully developed.
55. Under these circumstances, this court has no choice but to reassess the
average sale price based on the shortlisted sale exemplars because the claimants
have not submitted any more exemplar sale deeds pertaining to sizable tracts of
agricultural land sold in acres to demonstrate the market value of the acquired
lands.
56. In the case of Special Land Acquisition Officer v. Karigowda [AIR
2010 SC 2322], upon which much reliance was placed by the learned counsel for
the claimants, the Honourable Supreme Court has held that sale instances of
adjacent villages can be made the basis for determining the fair market value and
the power of compulsive acquisition has an inbuilt element of duty and
responsibility upon the State to pay the compensation which is just, fair and
without delay. Thus, it will be appropriate to apply the rule of plain interpretation
to the provisions of this Act. The relevant paragraph of the above said judgement
reads as follows:
“64. It is a settled principle of law that lands of adjacent
villages can be made the basis for determining the fair market
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value of the acquired land. This principle of law is qualified by
clear dictum of this Court itself that whenever direct evidence
i.e. instances of the same villages are available, then it is most
desirable that the court should consider that evidence. But where
such evidence is not available court can safely rely upon the
sales statistics of adjoining lands provided the instances are
comparable and the potentiality and location of the land is
somewhat similar. The evidence tendered in relation to the land
of the adjacent villages would be a relevant piece of evidence for
such determination. Once it is shown that situation and potential
of the land in two different villages are the same then they could
be awarded similar compensation or such other compensation as
would be just and fair”
57. Further, the learned counsel for the claimants placed much reliance on
the judgments of the Division Bench of this Court this court in the case of (i)
Union of India v. K.Rajeswari, [2024 (5) CTC 588] and (ii) Anandan
(Deceased) v. Union of India, [2024 (6) CTC 794] in support of his submission
that the highest market value out of the three options as provided under sub-
section (1) of Section 26 of the RFCTLARR Act, 2013, has to be adopted as the
market value for the determination of the compensation, more particularly as per
the mechanism provided under clauses (a) and (b) of sub-section (1) of Section 26
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of the RFCTLARR Act, 2013.
58. Now coming to the assessment of average sale price, the market
guideline values were found to vary almost in respect of lands situated in the area
and this court has already considered the highest guideline value of Rs.29,655/-
uniformly in respect of all pieces of land covered under different awards which are
the subject matter of the appeal suits.
59. Guideline value is a Government-set benchmark for the collection of
stamp duty and registration charges, while market value reflects the actual price
buyers are willing to pay, influenced by supply and demand. Guideline values are
used by the registration department for the registration documents, and it is not a
measure of the property's true market value.
60. No doubt, the guideline value register is maintained by the registering
authority only for fiscal purpose of collecting stamp duty and registration charges.
In the context of property registration in Tamil Nadu, guideline value is not meant
to be the same as market value.
61. The law until the RFTCLARR Act, 2013 came into force was that the
market value mentioned therein could not form a foundation to determine the
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compensation under the LA Act, 1894, the market value should be determined on
the hypothesis of the price fetched in the bona fide sale by a willing vendor who
would agree to sell the lands to a willing vendee of the acquired land or the land in
the neighbourhood possessed of similar features.
62. As already discussed supra, there is a significant difference between the
Land Acquisition Act, 1984, and the RFCTLARR Act, 2013, in the matter of
assessment of market value. In cases where the lands are acquired for public
purposes, clauses (a) and (b) of sub-section (1) of Section 26 of the RFCTLARR
Act, 2013, would apply. There is a mechanism provided for under sub-section (1)
of Section 26 of the RFCTLARR Act, 2013, to assess and determine the market
value of the acquired land. As per sub-section (1) of Section 26 of the
RFCTLARR Act, 2013, if the land is acquired for the public purpose, the LAO is
required to adopt the method which assesses the highest market value out of the
two options as provided under Clauses (a) and (b) of sub-section (1) of Section
26 of the RFCTLARR Act, 2013.
63. It is settled law that the burden of establishing the market value of the
lands is always on the claimants. Equally, the State must have been fair and
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reasonable in compensating the uprooted agriculturists. The legal principle is that
the amount of compensation will always be determined by the particular facts and
circumstances of the case, and that no absolute legal principle can be established
as a cure-all that will always be applicable or able to be used as a legally binding
precedent independent of the particular facts of a case.
64.1 In the case of Mahabir Prasad Santuka v. Collector, (1987) 1 SCC
587, the Hon’ble Supreme Court has held that market value means, the price
which a purchaser is willing to pay for the similar land to a willing seller and
further held the concessional rate offered to the industrialist does not indicate the
market value and compensation must accurately reflect the market value and the
court must ensure that the landowners are justly compensated in alignment with
prevailing market conditions. The relevant paragraph of the judgement of the
Hon’ble Supreme Court reads as follows:-
“4. ........................ It is well settled that the owner of the
acquired land is entitled to compensation on the basis of its
market value. Section 23 of the Act lays down principles for
determining compensation according to which the owner is
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entitled to receive market value of the land. Market value means
what a willing purchaser would pay to a willing seller for the
property having regard to the advantages available to the land
and the development activities which may be going on in the
vicinity and the potentiality of the land. On the evidence on
record it is apparent that the land in dispute is adjacent to the
industrial area of Charbatiya where a large number of factories
including Orissa Textile Mills, Kalinga Tubes Ltd., and a number
of other factories are situated. The evidence on record further
indicates that even though the land was being used for
agriculture purposes but it was fit for non-agricultural purposes
and it had potentiality for future use as factory or building site.
The learned Subordinate Judge on perusal of the oral and
documentary evidence on record determined the market value of
the land at the rate of Rs 15,000 per acre. The High Court held
that since the State Government had been offering land situate in
the adjacent Industrial Area to the industrialists at the rate of Rs
7500 per acre, the appellants were entitled to compensation at
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that rate. In our opinion the High Court committed error in
taking that approach, as it had itself observed that the State
Government had offered land to the industrialists to enable them
to set up industries and the price of the land was offered to them
at a concessional value with a view to induce them to set up
factory. After making that observation High Court was not
justified in determining the market value of the land at Rs 7500
per acre, as the offer of land to industrial entrepreneurs at
concessional rate could not reflect the market value of the land.”
64.2 In the case of Land Acquisition Officer vs Jasti Rohini [(1995) SCC
(1) 717], the Hon’ble Supreme Court has held follows: -
“To solve the riddle, courts have consistently evolved the
principle that the present value as on the date of the compulsory
acquisition comprised of all utility reached in a competitive field
as on the date of the notification and the price on which a
prudent and willing vendor and a similar purchaser would agree.
The value of the land shall be taken to be the amount that the
land if sold in the open market by a willing seller might be
expected to realise from a willing purchaser. A willing seller is a
person who is a free agent to offer his land for sale with all its
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existing advantages and potentialities as on the date of the sale
and willing purchaser taking all factors into consideration would
offer to purchase the land as on the date of the sale. Future
suitability or adaptability of the land for any purpose shall not be
taken into account. The compensation must, therefore, be
determined by reference to the price which a willing vendor
might reasonably expect to obtain from a willing purchaser as on
the date of the notification published under Section 4(1). The
disinclination of the seller to part with his land and the urgent
necessity of the vendee to purchase the land must, alike, be
disregarded and neither of them must be considered as acting
under compulsion.”
65. On a careful assessment of a total number sale exemplars tabulated
already in which the highest sale price has been mentioned coupled with the other
available materials and keeping in mind the settled legal position in this regard
and also taking judicial notice, this court is of the view that the sale price
mentioned in the sale exemplars under Serial Nos. 1 to 19 are not indicative of
actual prevailing market value, and therefore, they must be discounted from
consideration for the purposes of calculating market value as provided under
Explanation-4. Therefore, the sale exemplars have to be further reduced. When
that is done so, as per Explanations 1 & 2, the total available sale deed is hardly
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28. They are tabulated as under:-
1. 1 229 67 73482 5962 14.12.2011
2. 1 231 88 68090 1487 21.03.2012
3. 1 228 49 61676 4016 07.09.2011
4. 1 225 18 61585 4311 27.10.2010
5. 1 228 50 60860 4017 07.09.2011
6. 1 229 61 60762 4912 31.10.2011
7. 2 498 280 59438 3077 04.06.2012
8. 2 306 17 57966 3071 28.07.2010
9. 1 231 87 55970 1486 21.03.2012
10. 1 225 17 54669 4310 27.10.2010
11. 1 224 5 54340 4914 31.10.2011
12. 2 496 257 54163 3496 31.08.2010
13. 1 225 15 54093 4308 27.10.2010
14. 2 497 273 54086 5291 18.11.2011
15. 3 685 108 54042 3639 17.08.2011
16. 4 776 52 54031 5962 14.12.2011
17. 2 497 275 53985 688 15.02.2012
18. 3 736 118 53956 642 17.02.2011
19. 1 188 79 53955 642 17.02.2011
20. 3 687 143 53929 1390 15.03.2012
21. 3 688 147 53921 1486 21.03.2012
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22. 1 229 59 53910 4908 31.10.2011
23. 2 342 48 53900 3639 17.08.2011
24. 3 688 148 53897 1487 21.03.2012
25. 1 194 136 53846 1643 26.03.2012
26. 1 229 60 53056 4911 31.10.2011
27. 1 183 39 45969 3670 17.08.2011
28. 1 229 62 42237 4913 31.10.2011
66. With the above 28 bonafide sale exemplars, this court has to assess the
average sale price by considering one half of the total number of sale deeds, i.e.,
the first 14 out of a total of 28 sale deeds.
67. The guideline value has already been determined by this court as
Rs.29,655/-. The sale transaction which indicates the highest market value was
already rejected by this court, as the market value of the properties which were
subject matters of those sale deeds were found not to be indicative of prevailing
market value in the area. The project villages are part of Gummidipoondi Taluk in
Tiruvallur District and situated near Gummidipoondi Town Panchayat. Moreover,
the project villages. Gummidipoondi is part of the expanded Chennai Metropolitan
Region, bordering Chennai.
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68. The market value is nothing but an amount that a willing seller might
expect to receive from a prudent willing buyer if the land were sold on the open
market, which will be considered the market value. The compensation must,
therefore, be determined by reference to the price which a willing vendor might
reasonably expect to obtain from a willing purchaser as on the date of the
notification published under Section 4(1).
69. Considering all the above factors, particularly, the industrial and
housing developments in the project villages where the SIPCOT Industrial
Park was established in 1983 itself; this court is of the view that no vendor
would have sold his property for a value less than the guideline value. The
market value in and around the project villages would not have been less than
between Rs.40,000/- and Rs.75,000/- per are.
70. The available 14 sale deeds out of one-half of total sale deeds (14
out of 28 already shortlisted) are tabulated hereunder for easy and better
understanding:
Typed
Value Doc. Doc.
Serial set Page Serial
in
No. Volume No. No. No. Date
AREs
No.
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1. 1 229 67 73482 5962 14.12.2011
2. 1 231 88 68090 1487 21.03.2012
3. 1 228 49 61676 4016 07.09.2011
4. 1 225 18 61585 4311 27.10.2010
5. 1 228 50 60860 4017 07.09.2011
6. 1 229 61 60762 4912 31.10.2011
7. 2 498 280 59438 3077 04.06.2012
8. 2 306 17 57966 3071 28.07.2010
9. 1 231 87 55970 1486 21.03.2012
10. 1 225 17 54669 4310 27.10.2010
11. 1 224 5 54340 4914 31.10.2011
12. 2 496 257 54163 3496 31.08.2010
13. 1 225 15 54093 4308 27.10.2010
14. 2 497 273 54086 5291 18.11.2011
831180
Average sale price of one-half 59370
of the total number of sale deeds
per are
(48 ÷ 2 = 14) in which the
highest sale price has been
mentioned works out to
Accordingly, the average sale price is assessed at Rs.59,370/- per are.
71. Thus, it is evident from the discussions made above, the average
sale price assessed at Rs.59,370/- per are is higher than the guideline value
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assessed. For comparison and better understanding, the guideline value and
the average sale price are tabulated hereunder:
Guideline value Average sale Price
Rs.29,655/- per are Rs.59,370/- per are
The average sale price assessed at Rs.59,370/- may be rounded up to
Rs.60,000/- per are.
72. As already discussed above, the market value (guideline value) of
the acquired property is assessed at Rs.29,655/- per are, and the average sale
price is assessed at Rs.60,000/- per are. Between these two, whichever is the
higher value has to be taken to be the market value of the acquired land to
determine the market value as provided under sub-section (1) of Section 26
of the RFCTLARR Act. So, the average sale price, which comes to
Rs.60,000/-, must be taken as the market value rather than the market value
(guideline value) of Rs.29,655/- per are.
73. Accordingly, the market value of the acquired land(s) is
redetermined at Rs.60,000/- per are.
ADOPTION OF MULTIPLIER FACTOR:
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74. The learned counsel for the claimants would submit that the multiplier
factor of 1.25 adopted by the reference court is ex facie illegal. The acquired lands
are situated in Kannan Kottai and Thervoy Kandigai. The said villages are situated
60 kilometers away from the urban area, and they fall under the rural area
category. Therefore, the multiplier that ought to have been adopted must be 2.00.
75. Insofar as the adoption of the multiplier is concerned, the learned law
officers would contend that the subject villages situated within 30 kilometres from
Gummidipoondi which is a Town Panchayat and comes within the definition of
urban area. Therefore, there is no illegality in the reference court's finding of the
reference court regarding adoption of the multiplier factor ‘1.25’ and the same is
perfectly right and is in tune with the RCTCLARR Act, 2013 and the rules framed
thereunder.
76. This court has considered the rival submission advanced on the adoption
of multiplier factor.
77. The term “urban area” has been defined in clause (n) of sub-rule (1) to
Rule 2 of the Tamil Nadu Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Rules, 2017, which reads as under: -
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(i) the area (including village panchayats) lying within
the territorial limits of the Chennai Metropolitan
Development Authority;
(ii) Municipal Corporations having a population of 5
lakhs and above as per 2011 census (i.e. Madurai,
Tiruchirappalli, Salem, Coimbatore and Tirunelveli
Municipal Corporations, except Chennai City Municipal
Corporation) and the area (including Village Panchayats) that
falls within 8 kilometers distance from the limits of the said
Municipal Corporations;
(iii) all other Municipal Corporations, Municipalities,
Town Panchayats, Cantonments and Townships; and
(iv) any other area that may be notified as urban area by
the State Government from time to time.”
78. Admittedly, the subject villages – Kannan Kottai and Thervoy Kandigai
are close to Gummidipoondi. Gummidipoondi became a town after it was
declared a taluk in 1972. No doubt, the project villages form part of
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Gummidipoondi Taluk in Tiruvallur District. Gummidipoondi is admittedly a
town panchayat which does not include the project villages. The villages Kannan
Kottai and Thervoy Kandigai do not fall under the category “urban area”, and they
are rural areas as per the TN Rules, 2017. The project villages Kannan Kottai and
Thervoy Kandigai are situated 28 kilometers (approx.) and 25 kilometers (approx.)
away from Gummidipoondi Town Panchayat, respectively.
79. The Government in its Order in G.O.(Ms) No.300, Revenue & Disaster
Management (LA-I(1), dated 20th September 2017, notified in the Tamil Nadu
Government Gazette Extraordinary No.300, dated 21.9.2017 prescribed that in the
case of rural areas, the provision under Sl. No.2 of First Schedule of the said Act
first cited prescribes the factor by which the market value is to be multiplied as 1
to 2 based on the distance of the project from urban areas. Accordingly, the
multiplier factor has been issued in the G.O. third cited and notified in the Tamil
Nadu Government Gazette fourth cited as given below: -
Sl. Distance of the Project Factor by which the market
No. from Urban Areas value is to be multiplied
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(1) (2) (3)
1. Within 30 Kilometres 1.25 (i.e. 250%)
2 Beyond 30 Kilometres 1.50 (i.e. 300%)
and within 50 Kilometres
3 Beyond 50 Kilometres 2.00 (i.e. 400%)
80. In the light of the definition given under the clause (n) of sub-rule (1) to
Rule 2 of the Tamil Nadu Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Rules, 2017, indisputably, the
project villages fall under the category of rural areas. Therefore, in respect of the
lands acquired in the project villages as per the First Schedule to the RFCTLARR
Act, 2013 r/w Section 31(2) of the RFCTLARR Act, 2013, the factor by which the
market value has to be multiplied will have to be “1.00 and 2.00” based on the
distance of project from urban area as per G.O.(Ms) No.300, Revenue & Disaster
Management (LA-I(1), dated 20th September 2017, which was notified in the
Tamil Nadu Government Gazette Extraordinary No.300, dated 21.09.2017, and the
factor by which the market value is to be multiplied for a project area which is
situated within 30 kilometers from an urban area (Gummidipoondi Town
Panchayat) is 1.25 (250%).
81. The reference villages Kannan Kottai and Thervoy Kandigai are part of
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Gummidipoondi Taluk in Tiruvallur District. Gummidipoondi is a town panchayat
located at the outskirts of Chennai. It has a mix of urban and rural characteristics.
Gummidipoondi is known for its industrial growth. SIPCOT industrial park was
established way back in 1983. The reference court, considering the industrial and
housing developments in and around the project villages and the proximity of the
project villages to the urban area and the Chennai City Corporation limits, has
rightly applied the multiplier factor ‘1.25” G.O.(Ms) No.300, Revenue & Disaster
Management (LA-I(1), dated 20th September 2017. This court does not find any
illegality in the same. Thus, this court is of the view that the argument of the
learned counsel for the claimants that the reference court should have accepted
multiplier factor 2 considering the distance of the project villages from Chennai is
unfounded.
82. The claimants are entitled to have the market value re-determined above
multiplied by 1.25 as per the FIRST SCHEDULE to the RFCTLAAR Act, 2013,
together with 100% and entitled to all other statutory benefits provided under the
RFCTLARR Act, 2013.
83. Thus, the market value of the acquired land(s) is redetermined at
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Rs.60,000/- per are. This has to be taken as the basis to calculate the
compensation in respect of the lands acquired from the respective
claimant(s).
DEDUCTION TOWARDS DEVELOPMENT CHARGES:
84. The learned counsel for the claimants would strenuously contend that
even though the large extent of land has been acquired, and the highest sale
exemplar is not taken into account for the determination of the market value of the
acquired land, no deduction as it was done in the case of determination of
compensation under Section 23 of the LA Act, 1894 could be done.
85. The learned counsel for the claimants would further submit that since
the lands were acquired for the formation of a new reservoir, though a large extent
of land was the subject matter of acquisition, the question of wastage of land or
reservation of a certain extent of land for public amenities or road facilities would
not at all arise in the instant cases, as no strip of land is required to be reserved for
any public amenities, and as such, no development charges need be deducted.
86. In support of above submission, the learned counsel for the claimants
would place reliance heavily upon the judgements of this court in the cases of (i)
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Union of India v. K.Rajeswari, [2024 (5) CTC 588] and (ii) Anandan
(Deceased) v. Union of India, [2024 (6) CTC 794].
87. Per contra, the learned law officers would placing much reliance on the
judgments in the cases of Basavva v. Spl. Land Acquisition Officer [(1996) 9
SCC 640]; Chandra Shekar (Dead) by LRs v. Land Acquisition Officer
[(2012) 1 SCC 390]; and Union of India v. Premlata and others [(2022) 7 SCC
745], made an attempt to convince this court that one-third of the amount has to be
deducted from the market value towards development charges.
88. This court has considered the rival submission on the deduction of
development charges.
89. Had the acquisition of lands been made for the setting up of industries
or the setting up of housing colonies or other such allied purposes, a deduction
towards development (for keeping aside area/space for providing developmental
infrastructure and developmental expenditure) could be ordered to be made from
out of the market value so determined to compute the compensation for the lands
acquired from the claimants.
90. When the acquisition of lands was for the purpose of the formation of a
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reservoir, the question of wastage of land or reservation of a certain extent of land
for public amenities or road facilities would not at all arise in the instant cases, as
the lands were acquired for the formation of a new reservoir and no strip of land is
required to be reserved for any public amenities, and as such, no development
charges need be deducted. Therefore, in the light of the law laid down by the
Hon'ble Supreme Court in Nelson Fernandes v. Special Land Acquisition
Officer, South Goa [(2007) 9 SCC 447] and followed by C.R. Nagaraja Shetty
(2) v. Land Acquisition Officer and Estate Officer, (2009) 11 SCC 75, no
deduction could be ordered to be made towards developmental charges from the
enhanced market value determined by this court.
91. Point No.1 is answered in favour of the appellants/claimants and against
the respondents.
Point No.2:-
Whether the claimants, in some of the cases
where superstructure, wells/borewells and trees were
involved, are entitled to get enhanced compensation
thereof?
92. The learned counsel for the claimants bringing the attention of this court
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to Sections 29 and 30 of the RFCTLARR Act, 2013, would submit that in some of
the cases, the claim of the respective claimants for compensation towards
buildings attached to the land and for other assets like wells/bore wells and also
trees.
93. The learned counsel for the claimants would further submit that the
claimants are not greedy to get any bounty or lottery. What all they require is a fair
compensation for the lands acquired from them and for the structures attached to
the acquired lands and the well/borewell and trees standing thereon. As per sub-
section (1) of Section 29 of the RFTCLARR Act, 2013, the claimants are entitled
to get compensation in respect of things attached to land, buildings and trees.
Ex.C.11 Land Survey Report prepared by the 1st respondent (LAO) would show
the existence of superstructures, wells/borewells and trees. The reference court has
erred in placing the burden on the claimants to prove the value of the
superstructures and other assets found attached to the acquired land. As per sub-
section (2) of Section 29 of the RFCTLARR Act, 2013, the LAO would have
availed the services of an experienced person in the relevant field to determine the
fair compensation. But neither the 1st respondent (LAO) nor the R.W.1 was fair
enough in placing the records before the reference court.
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94. The learned counsel for the claimants would further submit that the
finding of the trial court setting off the value of the superstructures and other
attachments for depreciation of value of the land is unknown to the law, and
therefore, the findings of the reference court in this regard are liable to be set
aside.
95. The learned law officers would, on the other hand, contend that the
landowner who claims compensation for the superstructures and trees, it is for him
to establish the claim for compensation for the superstructure and the trees based
on the market value of the superstructure, wells/bore wells and trees. In this case,
the claimants have not established their claim for compensation for superstructure
and trees, except for Ex.C.11, which is a land survey report prepared by the 1st
respondent/LAO. Therefore, the reference court did not delve much into the issue
and set off the depreciation value for the superstructure, trees and other things
attached to the acquired land. Therefore, the findings recorded by the reference in
respect of compensation for the assets attached to the acquired land are perfectly
correct, and no interference is required at the hands of this court.
96. This court has considered the rival submissions and perused the
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available records.
97. Now the point that arises for consideration is
Whether the appellants/claimants are entitled to
compensation for the superstructures, wells/bore wells,
tress and other things attached to the acquired land?
98. The compensation includes market value for the superstructure and
other things or assets attached to the acquired land.
99. Sub-section (1) of section 29 of the RFCTLARR Act, 2013 reads as
under:
“29. Determination of value of things attached to
land or building. – (1) The Collector in determining the
market value of the building and other immovable property or
assets attached to the land or building which are to be
acquired, use the services of a competent engineer or any
other specialist in the relevant field, as may be considered
necessary by him.
100. In the cases on hand, as already discussed supra, the acquisition comes
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under 24(1) of the RFCTLARR Act, 2013; however, no award was passed under
Section 11 of the LA Act, 1894. Thus, all provisions of the RFCTLARR Act,
2013, relating to the determination of compensation, would apply. The term
“compensation” includes market value for the superstructure and other immovable
property or assets attached to the land. Thus, the claimants are entitled to
compensation for buildings, other immovable property or assets attached to the
land and also trees.
101. Insofar as the market value for superstructure and other things attached
to the acquired land is concerned, the reference court recorded its finding as
follows:
9. Value for Superstructure : Further, as per the
Ex.P11, the Land Survey of the acquired lands in the
impugned village, in some of the lands, there are
superstructures like Well, motor pump and trees are in
existence. However, even though Ex.P11 Land survey
report reflects about the existence of trees and other
superstructure in many lands, to arrive at the amount of
claim, the respective claimants have not produced any
materials to fix the value for superstructures mentioned
above. In the absence of material documents, this Court
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is not able to arrive at the value of building /
superstructure / trees in the respective lands merely for
existence of the same in some lands.
10. Depreciation Value : However, on considering
the depreciation value, since it is a proposal for a
reservoir scheme, the land has to be levelled and some
charges are to be deducted as per the required norms,
20% depreciation value has to be fixed.
11. Set off with each other : Equally, the
respondent has not placed any calculation to arrive for
depreciation value. In the event of inability to arrive at
the value of superstructures like wells, motor pumps, etc.
and trees in the absence of materials placed by the
claimants, it can be set off for the depreciation value, so
that neither depreciation value is calculated nor valued
the superstructure in the respective acquired lands.”
102. To determine the market value of the superstructure and other things
attached to the land acquired, in the cases on hand except Ex.C.11-Land Survey
Report, no other expert evidence is available to ascertain the value of the same.
There is no specific evidence let in on behalf of the claimants in this regard. On a
careful perusal of the evidence of R.W.1, nothing was confronted to him in the
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cross-examination regarding the value of the superstructures and other things
attached to the acquired land and also trees.
103. When this was pointed out to the learned counsel for the
appellants/claimants, he would fairly admit no evidence was adduced during the
enquiry before the trial court, except Ex.C.11 Land Survey Report prepared by the
1st respondent/LAO. He did not press much on the enhancement of market value
for the superstructure and other things attached to the acquired land.
104. In the absence of any expert evidence demonstrating the market value
of the superstructure and other things attached to the acquired land on the date of
notifications, this court has no other option except to confirm the market value
fixed by the LAO in the respective award.
105. 1 In the light of the discussion made above, the finding of the reference
court regarding market value for the superstructure and other things attached to the
acquired land stands set aside, and whatever the market value fixed by the LAO in
this regard stands maintained.
106. It is made clear that the claimants in the respective petitions where the
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superstructure, buildings, wells/borewells, trees and other things attached to the
acquired land are not entitled to any enhanced compensation.
Point No.2 is answered is answered accordingly.
INFRASTRUCTURAL AMENITIES:
Point No.3:
Whether the appellants/claimants are entitled to infrastructural
amenities under RFCTLARR Act, 2013?
107. The learned counsel, though, made an attempt to convince this court,
drawing attention to the THIRD SCHEDULE to the RFCTLARR Act, 2013, and
would submit that burial and cremation grounds were also subject matters of
acquisition and no provision as provided was made for burial and cremation
grounds. The learned law officers who were present were not able to give any
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reply to the submission made by the learned counsel for the claimants.
108. The LA Act, 1894, did not include provisions for resettlement and
rehabilitation (for short, “the R & R”) of the individual landowners displaced by
land acquisition. The LA Act, 1894, primarily focused on compensation for the
loss of land and not on the broader impact of land acquisition. It provided only
compensation to the landowners who were displaced, and it lacked mechanisms to
address the social and economic consequences of land acquisition, particularly for
those displaced and dependent on the land for their livelihood. It primarily focused
on the compensation for the loss of individual immovable property, movable
property, standing crops and trees.
109. When this court informed the learned counsel for the claimants that in
view of the specific provision contained in Section 24(1)(a) of the RFCTLAR Act,
2013, and the law laid down by the Hon’ble Supreme Court in the case of Haryana
State Industrial and Infrastructure Development Corporation Limited v. Deepak
Aggarwal [2022 LiveLaw (SC) 644], only for the determination of compensation,
the provisions of the RFCTLARR Act, 2013, would apply, the learned counsel
conceded the legal position. Therefore, the claimants are not entitled to get any
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other relief under the RFCTLARR Act, 2013, except a fair compensation for their
lands acquired by the state.
110. However, the State and the appropriate authorities shall ensure that a
common burial/cremation ground is provided in accordance with the provisions of
the RFCTLARR Act, 2013, because, the burial ground that was used by the
villagers—including the landowners who were affected by the acquisition, was
also acquired for the construction of a reservoir.
Point No.3 is answered accordingly.
Point No.4:
To what other relief the appellants/claimants are entitled?
111. In the light of the discussions made above, the appellants/claimants are
entitled to get enhanced compensation calculated at the market rate determined
above together with all other statutory benefits. Thus, the appeal suits succeed
partly, and the common order of the feference court (Principal District Judge) at
Tiruvallur only insofar as the market value is concerned requires modification, and
in all other aspects, the common order and decree(s) of the feference court
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(Principal District Judge) at Tiruvallur stand confirmed. The market value of the
acquired land is enhanced to Rs.60,000/- per are from Rs.29,640/- per are fixed by
the reference court; the claimants are entitled to get the market value multiplied by
factor 1.25 as per Schedule I of the RFCTLARR Act, 2013; the claimants are
entitled to 100% solatium; besides the above, the claimants are entitled to all other
statutory benefits provided under the RFCTLARR Act, 2013, and as ordered by
the reference court.
112. Except reliefs already granted herein above, the appellants/claimants
are not entitled to any other reliefs. This point is answered accordingly.
In the result, the appeal suits are allowed in part
(i) The common order of the reference court with
respect to market value determined by the reference court
alone is modified and enhanced to Rs.60,000/- per area from
Rs.29,640/- per are insofar as the references under appeal
are concerned.
(ii) The common order of the reference court with
respect to payment of compensation for the superstructure,
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wells/borewells, trees and other things attached to the
acquired land is set aside, and the claimants in the
respective claim petitions are entitled to compensation for
the superstructure, wells/borewells, trees and other things
attached to the acquired land at the rate as fixed by the LAO
in the respective awards. It is made clear that the claimants
in those cases are not entitled to get any enhanced
compensation.
(iii) The appellants/claimants in the cases for
compensation towards superstructure, wells/borewells,
trees, or other things attached, as the case may be, and
where a claim for enhancement of compensation in respect
of the same was made, are not entitled to any compensation
for the superstructures and other things, as the case may be,
and the award passed by the LAO in that regard stands
confirmed.
(iv) The common order and the individual decree(s)
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of the reference court, in so far as the adoption of the
multiplier as per the First Schedule, solatium, additional
compensation and all other statutory benefits are concerned,
the same shall stand confirmed. The compensation amounts,
if any, already received by the claimant(s) shall be deducted
from the enhanced compensation payable by the
respondents.
(v) The 1st respondent is, or the authorities concerned
in the State are directed to deposit the entire enhanced
compensation together with all statutory benefits provided
under the RFCTLARR Act, 2013, within a period of two
months from the date of receipt of a copy of this order.
(vi) The respective law officers who represented the
respondents in the appeal suits are entitled to separate fees
for each of the appeal suits.
(vii) The appellants/claimants in the respective appeal
suits herein are directed to pay deficit court-fees on the
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appeal suits within a period of two months from the date of
receipt of a copy of this order.
(viii) The decree(s) in these cases shall be drafted
after the payment of deficit court-fees has been paid by the
respective claimants.
(ix) The local body concerned or the State shall
ensure that burial/cremation ground(s) is/are earmarked in
the reference villages for the use of the villagers and
notified.
(x) Considering the facts and circumstances of the
case, both parties are directed to bear their respective costs.
Consequently, connected CMPs are closed.
Index : yes / no 28..03..2025
Neutral citation : yes / no
kmk
Note: The Registry is directed to type out cause title for rest of the appeal suits and
issue certified copies to the parties.
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To
1.The Principal District Judge, Tiruvallur, Tiruvallur District.
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N. SATHISH KUMAR.J,
kmk
Common Judgement
in
and batch of cases
28..03..2025
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