Madras High Court
The Special Tahsildar vs Alamelu on 29 October, 2025
A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 15-10-2025 and 17-10-2025
Pronounced on : 29-10-2025
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
and
C.M.P. Nos. 135, 540, 593, 3987, 3997, 4007 & 3786 of 2020
and 13382 of 2019
A.S. No. 31 of 2020 and C.M.P. No. 135 of 2020:-
The Special Tahsildar,
Land Acquisition Unit- II,
Tamil Nadu Cements Corporation Limited,
Ariyalur. ...Appellant
Vs
1. Alamelu,
W/o. Natesa Moopanar,
Vembu Ammal,
W/o. Arumuga Moopanar,
Nerunjikorai
Ariyalur Taluk & District.
2. Managing Director,
Tamil Nadu Cement Corporation Ltd.,
Chennai.
3. Deputy General Manager,
Tamil Nadu Cement Corporation Ltd.,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
1/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
Act, to set aside the Decree passed in LAOP No. 32 of 2000 dated
10.02.2017 on the file of the Sub Court, Ariyalur and pass such further or
other order on this Court may deem fit and proper in the circumstances of the
case and this render justice.
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 32 of 2000 dated 10.02.2017 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. G.Nanmaran,
Special Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2 and R3
A.S. No. 63 of 2020 and C.M.P. No. 540 of 2020
The Special Tahsildar,
Land Acquisition Unit- II,
Tamil Nadu Cements Corporation Limited,
Ariyalur.
...Appellant
Vs
1. Dhanakodiammal
W/o. Govindaraj
Nerunjikorai M Village,
Ariyalur Taluk And District.
2/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
2. Managing Director,
Tamil Nadu Cement Corporation Ltd.,
Chennai.
3. Deputy General Manager,
Tamil Nadu Cement Corporation Ltd.,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the Decree passed in LAOP No. 70 of 2000 dated 10.02.17
on the file of the Sub Court, Ariyalur and pass such further or other order on
this Court may deem fit and proper in the circumstances of the case and this
render justice.
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 70 of 2000 dated 10.02.17 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. G.Nanmaran,
Special Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2 and R3
A.S. No. 70 of 2020 and C.M.P. No. 593 of 2020
The Special Tahsildar,
Land Acquisition Unit- II,
Tamil Nadu Cements Corporation Limited,
Ariyalur. ...Appellant
Vs
3/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
1. Srinivasan
S/o.Saminatha Moopanar,
Nerinchikorai Village,
Ariyalur Taluk & District.
2. Sundharam
S/o.Saminatha Moopanar,
Nerinchikorai Village,
Ariyalur Taluk & District.
3. Managing Director,
Arasu Cements Corporation,
Chennai.
4. Deputy General Manager,
Arasu Cements Factory,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No. 11 of 2000
dated 10.02.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order on this Court may deem fit and proper in the circumstances of
the case and this render justice.
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 11 of 2000 dated 10.02.2017 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. G.Nanmaran,
Special Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1 and R2
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
Mr. A.Sivaji, Standing Counsel
For R3 and R4
A.S. No. 323 of 2020 and C.M.P. No. 3987 of 2020
The Special Tahsildar, (L.A.)
Unit- II, Arasu Cement Factory,
Ariyalur. ...Appellant
Vs
1. Kandasamy
S/o.PitchaiMoopanar,
Nerinchikorai Village,
Ariyalur Taluk & District.
2. Deputy General Manager,
Arasu Cements Factory,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No. 28 of 2000
dated 10.02.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order on this Court may deem fit and proper in the circumstances of
the case and this render justice.
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 28 of 2000 dated 10.02.2017 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
5/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
For Appellant : Mr. R.Kumaravel,
Additional Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2
A.S. No. 328 of 2020 and C.M.P. No. 3997 of 2020
The Special Tahsildar, (L.A.)
Unit- II, Arasu Cement Factory,
Ariyalur. ...Appellant
Vs
1. Packrisamy
S/o.Subramaniya Moopanar
Nerinchikorai Village,
Ariyalur Taluk & District.
2. Deputy General Manager,
Arasu Cements Factory, Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No. 30 of 2000
dated 10.02.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order on this Court may deem fit and proper in the circumstances of
the case and this render justice.
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 30 of 2000 dated 10.02.2017 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. R.Kumaravel,
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
Additional Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2
A.S. No. 333 of 2020 and C.M.P. No. 4007 of 2020
The Special Tahsildar,
Land Acquisition Unit- II,
Tamil Nadu Cements Corporation Limited,
Ariyalur. ...Appellant
Vs
1. Malliammal
S/o.Thangavel
Nerinchikorai,
Ariyalur Taluk And District.
2. Managing Director,
Tamil Nadu Cements Corporation Ltd.,
Chennai.
3. Deputy General Manager,
Tamil Nadu Cement Corporation Ltd.,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the judgment and decree passed in LAOP No. 69 of 2000
dated 10.02.2017 on the file of the Sub Court, Ariyalur and pass such further
or other order on this Court may deem fit and proper in the circumstances of
the case and this render justice.
7/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 69 of 2000 dated 10.02.2017 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. M.Murali,
Government Advocate
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2 and R3
A.S.No. 290 of 2020 and CMP. No. 3786 of 2020
The Special Tahsildar,
Land Acquisition Unit- II,
Tamil Nadu Cements Corporation Limited,
Ariyalur. ...Appellant
Vs
1. VembuAmmal
W/o.Arumugham
Nerinchikorai,
Ariyalur Taluk & District.
2. Deputy General Manager,
Tamil Nadu Cements Corporation Ltd.,
Ariyalur ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the Decree passed in LAOP No. 31 of 2000 dated 10.02.17
on the file of the Sub Court, Ariyalur and pass such further or other order on
this Court may deem fit and proper in the circumstances of the case and this
render justice.
8/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 31/2000 dated 10.02.17 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. G.Nanmaran,
Special Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2
A.S.No. 476 of 2019 and CMP.No. 13382 of 2019
The Special Tahsildar,
Land Acquisition Unit- II,
Tamil Nadu Cements Corporation Limited,
Ariyalur. ...Appellant
Vs
1. Palanisamy
S/o.Thangarasu
Nerinchikorai,
Ariyalur Taluk & District.
2. Managing Director,
Tamil Nadu Cements Corporation Ltd.,
Chennai.
9/18
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
3. Deputy General Manager,
Tamil Nadu Cements Corporation Ltd.,
Ariyalur. ...Respondents
PRAYER in AS: Appeal Suit filed under Section 54 of the Land Acquisition
Act, to set aside the Judgment and Decree passed in LAOP No. 68 of 2000
dated 10.02.17 on the file of the Sub Court, Ariyalur and pass such further or
other order on this Court may deem fit and proper in the circumstances of the
case and this render justice.
PRAYER in C.M.P. : Petition filed under Order 41 Rules 5 of the Code of
Civil Procedure, to stay the execution of the decree and judgment passed in
LAOP No. 68/2000 dated 10.02.17 on the Sub Court, Ariyalur pending
disposal of the above appeal thus render justice.
For Appellant : Mr. R.Kumaravel,
Additional Government Pleader
For Respondents : Mr. R.Gokulakrishnan, Advocate
For R1
Mr. A.Sivaji, Standing Counsel
For R2 and R3
COMMON JUDGMENT
Heard.
2.These appeals are preferred under Section 54 of the Land Acquisition
Act, 1894. They arises out of the awards passed by the Sub Court, Ariyalur,
in L.A.O.P. Nos. 32, 70, 11, 28, 30, 69, 31 & 68 of 2000, respectively, dated
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
10th February 2017. The acquisition relates to certain lands in Ariyalur
District for the establishment of a Government Cement Factory under the
Tamil Nadu Cements Corporation Limited, hereinafter referred to as
TANCEM. The appellant before this Court in all the appeals is the Special
Tahsildar, Land Acquisition Unit–II, representing the acquiring authority.
3.The Government has issued 4(1) notifications dated 19.02.1996 and
14.03.1996 and the Land Acquisition Officer by awards dated 17.02.1999 and
09.03.1999 had relied on private sale transactions in respect of nearby lands
and fixed the market value at Rs. 250/- and Rs.300/- per cent. The
landowners, not satisfied with this valuation, sought a reference under
Section 18 of the Land Acquisition Act. The Sub Court, Ariyalur, by its
award dated 10.02.2017, enhanced the compensation to Rs.1,200/- per cent,
together with the usual statutory benefits towards solatium, additional amount
and interest.
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
4.The memorandum of appeals challenge the enhancement as excessive
and unsustainable. It is contended that the Reference Court relied on sale
deeds which were not comparable to the acquired lands, that the Land
Acquisition Officer’s dry-land data sales should have been accepted, and that
the Court below failed to apply a block-wise or belt system valuation or to
deduct a proper percentage for development. The appellant also questions the
award of interest on solatium and the additional amount.
5.The issues for consideration are:
(1) Whether the enhancement to Rs.1,200 per cent requires interference
in the light of subsequent pronouncements of this Court in companion
appeals from the same acquisition? and
(2) Whether any development deduction has to be imposed or whether
uniform parity should be maintained?
6.It is now well settled through a long series of appeals arising from
the very same acquisition scheme that this Court has consistently taken a
view in favour of the landowners. By the common judgment dated 29th
January 2024 in A.S. No. 916 of 2019 and connected matters, this Court
dismissed the appeals preferred by the State and by TANCEM, allowed the
cross-objections filed by the claimants, and enhanced the market value from
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
Rs.1,200 per cent to Rs.1,500 per cent, directing the payment of the balance
within eight weeks.
7.Subsequently, by order dated 23rd August 2024,
S.M.Subramaniam, J., recorded that TANCEM itself had passed a resolution
—approved by the Government—to pay compensation at the rate of Rs.1,500
per cent, with statutory interest, to all the landowners under this scheme, and
directed the Land Acquisition Officer to settle the enhanced compensation
uniformly within eight weeks. This shows that a conscious decision has been
taken by the acquiring authority to maintain parity and avoid any
discrimination among the affected landholders.
8.Again, on 23rd October 2024, in a batch of connected CMPs, Sathi
Kumar Sukumara Kurup, J., reiterated that the fixation of Rs.1,500 per cent
in the earlier batch governs all connected cases, and observed that the
petitions seeking rehearing had become infructuous in view of the finality of
the common judgment, while granting four months’ time for TANCEM to
complete the payment.
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
9.In view of these determinations arising from the same acquisition and
involving the same acquiring body, there is no scope for a different view in
these appeals. To perpetuate a lower rate here would run counter to the
principle of equality and uniformity in compensation. The contentions
advanced on behalf of the appellant with regard to comparability, valuation,
or deduction are no longer open for reconsideration in the face of the later
common judgment and the uniform policy (resolution dated 13.03.2024)
adopted by TANCEM and the relevant portion of the said resolution dated
13.03.2024 is extracted hereunder;
“The Board took note that TANCEM acquired 1137.97.5 hectares
of land in 3 phases. The Board also took note that in 1999, 320.76
acres were acquired for which compensation was fixed at Rs.250/-
per cent and In the year 2000, 390 LAOP's demanding higher
compensation and enhanced compensation @ Rs.1250/- per cent
was flxed vide order dated 29.11.2012 against which TANCEM
filed Writ Petition in Hon'ble High Court of Madras and the cases
were remanded to Sub-Court, Ariyalur on 20.08.2014. The Board
further took note that the compensation was reduced to Rs.1,200/-
per cent. Subsequently, Special Tahsildar, Ariyalur filed Appeal
Suits for 319 cases and judgement pronounced for 300 cases @
Rs.900/-per cent totaling to Rs.10.26 crore and the amount was
deposited in Sub-court Ariyalur. The Board noted 20 appeals
were filed and enhanced rate was fixed between Rs.1200/- to
Rs.1500 per cent. The Board also noted that RDO convened fees
committee meeting in view of PH on 15.2.24 for mining lease of
92.22.6 ha at Pudupalayam village and demanded Rs.1,500/- per
cent at an approximate requirement of additional amount was
Rs.19 crore (approx).
Resolved that the proposal of TANCEM to settle the LAOP Cases
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
by payment of compensation fixed by Hon'ble HIgh Court,
Madras in the judgment dated 29.01.2024 at the rate of Rs.1500/-
per cent besides interest entitled as per section 23(2) of LA Act,
1894 be and is hereby approved.
Further resolved to accord approval for payment of
compensation for all other cases pending before Hon'ble High
Court, Madras / Sub-Court, Ariyalur as and when judgment is
pronounced at the rate of Rs.1500/- per çent plus interest as
finalized in Lokayuktha / Mediation so as to avoid further
litigation.”
10.On the question of development deduction, it is seen that the
subsequent batch decisions have proceeded on a flat rate of Rs.1,500 per cent,
without applying any deduction towards development charges, the acquisition
being for an industrial and mining purpose and not for layout formation. Any
deduction at this stage would break the uniformity already settled by this
Court.
11.Accordingly, these appeals fail on merits. Following the common
judgment and the uniform decisions affirmed by this Court, the market value
of the acquired land is fixed at Rs.1,500 (Rupees One Thousand Five
Hundred only) per cent, with no deduction towards development charges. The
awards passed by the reference court are modified by enhancing from
Rs.1,200/- to Rs.1500/-.The claimants are entitled to the statutory benefits
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
under Sections 23(1-A), 23(2) and 28 of the Land Acquisition Act, to be
calculated on the enhanced amount.
12.Any sum already deposited shall be given due credit. The balance
compensation, together with all statutory additions and interest, shall be
deposited by the acquiring authority within eight weeks from the date of
receipt of a copy of this Judgment, to the credit of L.A.O.P. Nos. 32, 70, 11,
28, 30, 69, 31 & 68 of 2000, respectively, on the file of the Sub Court,
Ariyalur. On such deposit, the landowners are permitted to withdraw the
same in accordance with law. Thus the appeals are disposed of. There will be
no order as to costs. The connected miscellaneous petitions are closed. It is
made clear that though a Common Judgment is rendered in respect of these
appeals, the learned counsel for the parties are entitled to get separate fees in
respect of each appeal.
29.10.2025
dna/ay
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation: Yes / No
To
1.The Sub Court, Ariyalur.
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
2.The Special Tahsildar, (LA)
Unit – II, Arasu Cement Factory.,
Ariyalur.
3.The Managing Director,
Arasu Cement Corporation,
No. 735, IIIrd Floor,
LLA Building, Anna Salai,
Chennai.
4.The Deputy General Manager,
Arasu Cement Factory,
Ariyalur.
5. The Special Tahsildar (LA)
Unit II, Tamil Nadu Cement Corporation Ltd.,
Ariyalur.
6. The Managing Director
Tamil Nadu Cement Corporation Ltd.,
No. 735, III Floor,
LLA Building, Anna Salai Chennai
7.The Deputy General Manager
Tamil Nadu Cement Corporation Ltd.,
Ariyalur.
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A.S. Nos. 31, 63, 70, 323, 328, 333 & 290 of 2020 and 476 of 2019
DR. A.D. MARIA CLETE, J
dna/ay
& 290 of 2020 and 476 of 2019
and
C.M.P. Nos. 135, 540, 593, 3987, 3997, 4007
& 3786 of 2020 and 13382 of 2019
29.10.2025
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