Citation : 2026 Latest Caselaw 860 Mad
Judgement Date : 26 February, 2026
AS No. 274 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-02-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
AS No. 274 of 2026
and C.M.P.No.4958 of 2026
The Special Tahsildar, (LA) Unit II,
Arasu Cements Factory,
Ariyalur.
..Appellant
Vs
Srinivasa Konar (died)
1. Govindaraj,
S/o.Srinivasan
2. Ramasamy
3. Managing Director,
Arasu Cements Corporation,
Anna Salai, Chennai.
4. Deputy General Manager,
Arasu Cements Factory,
Ariyalur.
..Respondents
Prayer: Appeal Suit filed under Section 54 of the Land Acquisition Act, 1894,
to set aside the decree passed in LAOP No.43 of 2000, dated 26.04.2022 on the
file of the Principal Sub Court, Ariyalur.
For Appellant : Mr.G.Nanmaran,
Special Government Pleader
For Respondent : Mr.R.Gokulakrishnan [R1 & R2]
Mr.A.Sivaji [R3 & R4]
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AS No. 274 of 2026
JUDGMENT
Challenging the enhancement of compensation from Rs.1200/- to Rs.1500/-
per cent, the present appeal suit has been filed.
2. Heard Mr.G.Nanmaran, learned Special Government Pleader appearing
for the appellant, Mr.R.Gokulakrishnan, learned counsel for respondents 1 and 2
and Mr.A.Sivaji, learned counsel for respondents 3 and 4.
3. The learned Special Government Pleader appearing for the appellant
would state that originally, the compensation of Rs.250/- per cent was awarded
by the Land Acquisition Officer. However, on reference, the Reference Court
enhanced the compensation to Rs.1200/- per cent. As against the same, appeals
were preferred before this Court and the same were allowed and the
compensation was reduced to Rs.900/- per cent. In the meantime, the order
fixing the compensation, at Rs.900/- has been set aside and therefore, pending
the appeal proceedings, the Board has passed the resolution and uniformly fixed
a sum of Rs.1500/- per cent, as the compensation to all the land owners.
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4. Mr.G.Nanmaran, learned special Government Pleader appearing for the
appellant would also bring to my notice that in the connected appeals in
A.S.Nos.432 of 2020 and etc., batch dated 02.02.2026 as well as in A.S.Nos.238
of 2020 and etc., batch dated 05.09.2025, the Board has come forward to pay a
compensation of Rs.1500/- per cent with statutory benefits to all affected land
owners under the scheme has been taken note of and the appeals have been
disposed of.
5. Mr.R.Gokulakrishnan, learned counsel for respondents 1 and 2 would
fairly submit that he has no objection for the appeals being disposed of on the
same lines in which the earlier appeals have been disposed of fixing the
compensation at Rs.1500/- per cent.
6. In the light of the above, the appeal suit is disposed of fixing the
compensation amount for the acquired lands at Rs.1500/-per cent with no
deduction towards development charges. The award passed by the Reference
Court is modified by enhancing the amount from Rs.1200/- to Rs.1500/- per
cent. It is needless to state that the statutory benefits under Section 23(1-A),
23(2) and 28 of the Land Acquisition Act are to be calculated on the enhanced
amount. Mr.G.Nanmaran, learned Special Government Pleader brings to my
notice that compensation amount has already been deposited and therefore,
there is no requirement to give any direction for deposit of any further amount.
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P.B.BALAJI, J.
mp
The land owners/respondent are permitted to withdraw the same by taking out a
formal application. No costs. Connected miscellaneous petition is closed.
26-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
mp
To
1.The Principal Sub Court, Ariyalur.
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