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2002 Supreme(Mad) 933

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. SATHASIVAM & THE HONOURABLE MR. JUSTICE P. THANGAVEL
Jayaraman & Another - Appellant
Versus
The Union of India & Another - Respondents
REVIEW APPLICATION NO.69 OF 2001 IN A.S. NO.591 OF 1994
Decided On : 06 September 2002

Advocates Appeared: For the Applicants:Mr.M.Balasubramaniam, Advocate. For the Respondents: Mr.T.Murugesan, Government Pleader, Pondicherry.

No apparent error on the face of the record for review.

Headnote:Code of Civil Procedure, 1908-Section 114, Order 47, Rule 1-Review of judgment-No apparent error found-Review application is an appeal in disguise-Neither rehearing nor any correction in the judgment is required-Petition for review dismissed.

Judgment :-

P.THANGAVEL, J.

This Review Application has been filed by the respondents as review applicants against the judgment and decree dated 23.02.2001 and made in A.S. No.591 of 1994 on the file of this Court.

2. The lands of the review applicants in Ward No.G Block No.3 and T.S. No.17/7 in Keezhaveli Village, Karaikal Commune and Taluk were acquired for construction of a Stadium to provide playground facilities to the students of schools and colleges at Karaikal by the Union of India, the first respondent herein, through the Land Acquisition Officer - cum - Sub-Collector (Revenue), Karaikal, Pondicherry, the second respondent herein, by issuing a notification under Section 4(1) of the Land Acquisition Act on 26.12.1989 after getting approval of the Government in G.O. Ms. No.82 dated 14.12.1989 and after following the procedure to be followed for acquisition of the lands under the said Act. The second respondent, after taking into consideration of the data sale deeds in sales statistics, fixed the market value of the lands acquired from the review applicants at Rs.2550/- per Are. The matter was referred to the Reference Court, at the request of the review applicants, and the Reference Court, after taking into consideration of the material evidence placed before the said Court, fixed the market value of the land at Rs.13,500/- per Are in L.A.O.P. No.37 of 1993 on the file of the Reference Court (Additional District Judge, Pondicherry at Karaikal). Aggrieved at the Award passed by the Reference Court on 24.01.1994 in L.A.O.P. No.37 of 1993 referred to above, the respondents herein as appellants have filed the appeal in A.S. No.591 of 1994 on the file of this Court. The said appeal was heard along with another appeal in A.S. No. 583 of 1994 filed against one A.V.Subramanian by the respondents herein as appellants.

3. After considering the submission made on both sides, this Division Bench of this Court has fixed the market value of the lands acquired from the review applicants and also the respondent in A.S. No.583 of 1994 at Rs.7000/- per Are, reducing the market value fixed by the Reference Court, by common judgment dated 23.02.2001. It is against the judgment delivered by this Division Bench of this Court, the respondents in A.S. No.591 of 1994 as review applicants have come forward with this Review Application.

4. The learned counsel appearing for the review applicants, inter alia, contends as follows: (i) The document marked as Ex.A.4 in L.A.O.P. No.37 of 1993, which document was marked as Ex.A.15 in L.A.O.P. No.42 of 1993 by one Pattammal, Banumathi and Kabeerdas, should have been accepted as accepted by the Reference Court in view of proving of the said document by examining G.Kabeerdas in L.A.O.P. No.42 of 1993 and should not have been rejected by this Division Bench while arriving at the market value of the land under consideration; (ii) The Division Bench, which has accepted the potential value of the lands as house sites, ought to have accepted the market value fixed at Rs.13,500/- per Are by the Reference Court and it should not have been reduced; (iii) The learned Government Pleader, Pondicherry, had cited irrelevant and incorrect decisions contrary to the facts and records and based on such decisions referred to by the learned Government Pleader, Pondicherry, the Division Bench ought not to have acted, since Section 51(A) of the Land Acquisition Act enables the Court to admit the document in evidence without any one of the parties to the document being examined as per the law laid down by the Honourable Apex Court; (iv) The learned Government Pleader, Pondicherry, as an officer of Court, ought to have brought to the notice of this Division Bench about the Award passed in L.A.O.P. No.19 of 1990, marked as Ex.A.5 in L.A.O.P. NO.37 of 1993 by the review applicants, which stood unaltered for want of filing of appeal even though the said fact has not been brought to the notice of this Division Bench by the learned cou




















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