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2008 DIGILAW 3203 (MAD)

The Special Tahsildar (Land Acquisition) v. S. Kuppusamy & Another

2008-09-01

A.C.ARUMUGAPERUMAL ADITYAN

body2008
Judgment :- 1. This appeal has been preferred against the award passed in L.A.O.P.No.15 of 1994 on the file of the Court of Subordinate Judge, Ranipet. About 91. 5 hectares of land in Survey No.331/4 Ammur Village, Walaja Taluk was acquired by the Government for the purpose of distributing house plots to the people belonging to the Arunithaiyars and Adi Dravidar Community. 2. The Land Acquisition Officer, after complying with all the formalities, has issued notification under Section 4(1) of Land Acquisition Act (hereinafter referred to as "the Act") etc, in the Tamil Nadu Gazette dated 20.11.1989 and on the same date, the notice has been published in the village and also through tom tom. On the basis of the various data lands and after considering the potentiality of the lands acquired, the land acquisition officer has passed an award No.16 of 1992-93 fixing the compensation for the lands acquired at Rs.100/- per cent. Aggrieved by the award of compensation fixed by the land acquisition Officer, the claimants have filed their objection before the land acquisition officer who in turn had referred the same to the Land Acquisition Tribunal under Section 18 of the Act. 3. Before the Land Acquisition Tribunal, the first claimant had examined himself as C.W.1 and exhibited Exs C1 and C2, the Judgment and decree passed in L.A.O.P.No.25 of 1994 and L.A.O.P.No.26 of 1994 respectively. On the side of the Referring Officer, the Special Deputy Tahsildar was examined as R.W.1 and Exs R1 to R7 were marked through him. The land acquisition Officer, after due consideration to the evidence both oral and documentary let in before him and after hearing both learned counsel, thought fit the award of compensation fixed by the land acquisition officer is not adequate had enhanced the same and fixed as Rs.450/-per cent on the basis of the findings in L.A.O.P.Nos. 25 of 1994 and 26 of 1994(Exs C1 and C2), which are relating to survey Nos.329 and 330/2 in Ammur Village. A perusal of Ex R6 plan will go to show that Survey Nos.329 and 330/2 which is the subject matter in Exs C1 and C2 are situate not far away from the subject matter of the lands in this acquisition. In Ex C1 and Ex C2 proceedings also the land acquisition Officer has fixed the compensation for the lands acquired as Rs.100/- per cent. In Ex C1 and Ex C2 proceedings also the land acquisition Officer has fixed the compensation for the lands acquired as Rs.100/- per cent. The learned Land Acquisition Tribunal after taking into consideration the nature of the lands acquired under Exs C1 and C2 and the lands acquired under the present award of the land acquisition officer and after taking into consideration, the potentiality of both the lands, after following the same yardstick followed by the land acquisition officer for enhancing and fixing the compensation under Ex C1 and Ex C2 has also enhanced the compensation awarded by the land acquisition officer from Rs.100/- per cent to Rs.450/-per cent along with solatium and interest on solatium etc as provided under the Act. 4. The learned Special Government Pleader(AS) would admit that there was no appeal preferred against the Judgment and decree in Exs C1 and C2 and he has also produced the Judgment passed in A.S.Nos 122 to 125 of 1998 which had arisen out of Judgment and decree in L.A.O.P.Nos.41 to 44 of 1994 on the file of the Court of Subordinate Judge, Ranipet. But the said L.A.O.P.s are relating to the lands acquired at Kolatheri Village and not in Ammur Village. In the absence of any material to show that Exs C1 and C2 Judgment were set aside by filing any appeal, I am of the view that there is no reasoning stated to reduce the compensation fixed by the learned Land Acquisition Tribunal in this case. The Government having accepted the award passed in Exs C1 and C2 cannot raise any objection in this appeal for the lands which are situate just adjacent to the lands acquired under Exs C1 and C2. Under such circumstances, I do not find any reason to interfere with the Judgment and decree of the learned Land Acquisition Tribunal in L.A.O.P.No.15 of 1994 on the file of the Court of Subordinate Judge, Ranipet. 5. In fine, the appeal is dismissed confirming the award passed by the learned Tribunal in L.A.O.P.No.15 of 1994 on the file of the Court of Subordinate Judge, Ranipet. No costs. Time for deposit of the award amount is eight weeks.