IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. Sethuraman and V. Balasubrahmanyan, JJ.
P. E. Mathew and others .....Appellant(s)
Versus
Special Deputy Collector (L.A.). State Housing Board Schemes, Madras and another .....Respondent(s)
A.S. No. 408 of 1974,
Decided On : 28 September 1977
2. Learned counsel for the claimants submitted that under Exhibit A-4, dated 15th July, 1963 between one Maria Pichai Nadar and P. E. Mathew, there was a sale of an area measuring 2.45 acres. The sale deed itself was preceded by an agreement, dated 7th June, 1963. The price works out to Rs. 150 per cent. Learned counsel brought to our notice the fact that in A.S. Nos. 899 of 1974 and 408 of 1975, Mohan, J., had considered the compensation payable with reference to the lands acquired in this very area, and had also considered Exhibit A-4. The learned Judge has taken the compensation payable with reference to these lands in that case at Rs. 200 per cent. It has been pointed out in the said judgment that the lands are situated very near the T. V. S. group of companies, and that at one side of the lands there is Tiruvallore High Road, and on the other the Arkonam-Madras railway line. The locality was considered to be important, and the lands were considered to be valuable so as to justify fixation of the value at Rs. 200 per cent. We have gone through the said judgment and we are in agreement with it. Following it, we hold that a sum of Rs. 200 per cent. would be adequate compensation with reference to the lands in question.
3. Learned counsel for the appellant then submitted that the Court below had not taken into account the claim for compensation for loss of earnings in respect of a factory that was actually located on the lands. According to the learned counsel, he has sustained the loss on two grounds, viz., (1) in respect of removal of the factory, and (2) in relation to loss of earnings consequent upon the factory having been shifted from this place to some other place. The learned counsel appearing for the Government pointed out that in the memorandum of valuation appended to the appeal, the claim had been restricted only to the value in relation to lands and not to any compensation for dismantling of the factory and also for its shifting and loss of future earnings. Learned counsel for the appellants submitted that he has offered to pay higher Court-fee and invited our attention to ground No. 24. It is stated therein — ‘the appellants pray for an award of Rs. 1,000 per cent. but restrict their claim to the tune of Rs. 233 per cent. and are prepared to pay Court-fee for the balance amount, if awarded by this Honourable Court in excess of Rs. 233 per cent. “ It is significant to note that even in ground No. 24 there is no reference to the compensation for loss of earnings, shifting of factory, etc. In any case, the offer made by the learned counsel for the appellants cannot commend acceptance in view of the provisions of the Tamil Nadu Court-fees and Suits Valuation Act, 1955. Section 4 of the Act provides that no document which is chargeable with fee under the Act shall be filed, exhibited or
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