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2012 DIGILAW 190 (MAD)

Union of India rep. by Secretary to Government, Revenue Department Pondicherry v. Thaiyalnayagi

2012-01-10

G.RAJASURIA

body2012
Judgment :- 1. This appeal is focussed as against the award dated 30.03.2007 made in L.A.O.P.No.46 of 2001 on the file of the Additional District Judge, Pondicherry at Karaikal. 2. A summation and summarisation of the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus: The Government published Section 4(1) Notification under the Land Acquisition Act for acquiring the land measuring an extent of 36 Ares in R.S.No.83/4D in Polagam Revenue Village, T.R.Pattinam, for the purpose of establishment of Industrial Growth Centre. After complying with the procedures, the Land Acquisition Officer acquired the land and assessed the compensation in a sum of Rs.1,800/-per are. Being aggrieved by such awarding of the compensation, the land owner got the matter referred to the Sub Court under Section 18 of the Land Acquisition Act. The Sub Court, ultimately enhanced the compensation thus: "(13.) In the result, the petitioners/claimants are entitled for a sum of Rs.4,793/-per Are for the acquired lands abetting the road and for the interior lands Rs.3,375/- per Are, with deduction of 20% for development charges for the lands excavated without any difference of wet or dry and 12% interest from 3.8.98 to 12.4.99 along with 30% solatium for the market value." Being aggrieved by and dissatisfied with the award of the Sub Court, the Land Acquisition Officer preferred this appeal on various grounds. 3. The learned Government Pleader at the hearing in all fairness would invite the attention of this Court to the common judgment dated 28.07.2010 passed in A.S.No.889 of 2004 and etc. batch of cases which was also followed in subsequent judgment in A.S.No.226 of 2009 dated 06.08.2010 by this Court. As per the earlier judgments, the appeal filed by the State Government and the Land Acquisition Officer were dismissed. The present appeal is concerned with those batch of cases which were dismissed by this Court. The earlier cases were relating to acquisition of land for establishment of Industrial Growth Centre in Polagam Revenue Village at T.R.Pattina Firka in Karaikal Area. As such, I am of the considered view that no exception could be carved out so far this appeal is concerned. Accordingly, this appeal also is dismissed. No costs.