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1999 Supreme(Mad) 757

High Court of Judicature at Madras
V. KANAKARAJ
The Special Tahsildar (LA.), S.h. Ali. Unit, Ponneri Taluk
Versus
ML Leelammal & Others
AS. Nos. 1124 of 1989 to 1175 of 1989, 427 of 1990 to 480 of 1990, 697 of 1990 and 846 of 1998 and Pauper Cross Objection Nos. 76 of 1997 in AS. 1153/89, 75 of 1997 in AS. 1154/89.74 of 1997 in AS. 1 156/89, 73 of 1997 in AS. 1157/89, 34 of 1996 in AS. 1168/89, etc.
Decided On :Decided On : 06-08-1999

Advocates Appeared:
For the Appellant : V. Ravi, Additional Government Pleader.
For the Respondents:M.S. Subramanian, T.S. Sivagnanam, M.V. Krishnan, K.P. Gopalakrishnan, Advocates, T.R. Mani, S.C. for C. Krishnan, Additional Central Government Standing Counsel.

The market value of the land acquired under the Land Acquisition Act, 1894, should be fixed considering the capitalisation method, oral evidence, and the evidence of the Land Acquisition Officer. The claimants are entitled to the statutory benefits under Sections 23(1-A), 23(2), and 28 of the Land Acquisition Act, 1894.

Headnote:

LAND ACQUISITION - ENHANCEMENT OF COMPENSATION - FIXATION OF LAND VALUE - CAPITALISATION METHOD - DEDUCTIONS - STATUTORY BENEFITS - LAND ACQUISITION ACT, 1894 - SECTIONS 4(1), 23(1-A), 23(2), 28.

Fact of the Case:

The Government of Tamil Nadu acquired a large extent of land in Karimanal Village, Ponneri Taluk, Chengalpet District, for the purpose of housing Sriharikota Launching Station Centre of the Space Authority, Union of India. The Land Acquisition Officer fixed the value of the land at Rs. 10/- per cent. Aggrieved, the claimants requested for a reference to the Court, which enhanced the value of the land to Rs. 75/- per cent. The Government and some of the claimants appealed against the judgment of the reference Court.

Finding of the Court:

The Court held that the market value of the land should be fixed at Rs. 110/- per cent, considering the capitalisation method, oral evidence, and the evidence of the Land Acquisition Officer. However, the Court confirmed the value of Rs. 75/- per cent fixed by the reference Court for the cases where the claimants did not prefer appeals or cross-objections. The Court also granted the statutory benefits claimed by the claimants under Sections 23(1-A), 23(2), and 28 of the Land Acquisition Act, 1894.

Issues: 1. Whether the market value of the land was correctly fixed by the reference Court? 2. Whether the claimants were entitled to the statutory benefits under Sections 23(1-A), 23(2), and 28 of the Land Acquisition Act, 1894?

Ratio Decidendi: 1. The Court held that the market value of the land should be fixed at Rs. 110/- per cent, considering the capitalisation method, oral evidence, and the evidence of the Land Acquisition Officer. However, the Court confirmed the value of Rs. 75/- per cent fixed by the reference Court for the cases where the claimants did not prefer appeals or cross-objections. 2. The Court held that the claimants were entitled to the statutory benefits claimed by them under Sections 23(1-A), 23(2), and 28 of the Land Acquisition Act, 1894.

Final Decision: The Court dismissed all the appeals filed by the Government and allowed the appeals and cross-objections filed by the claimants in part, fixing the market value of the land at Rs. 110/- per cent with other benefits. The Court also directed the cross-objectors in certain cross-objections to pay the Court Fee due on the said cross-objections as per Law.

Judgment :-

The above batch of appeals are directed against the common judgment and decree dated 26.2.1988 made respectively in L.A.O.P. Nos. 283/85, 284/85, 302/85 to 305/85, 308/85, 309/85, 311/85, 315/85, 317/85, 319/85. 321/85, 322/85, 325/85, 329/85, 337/85, 338/85, 340/85, 342/85, to 345/85, 347/85, 348/85, 352/85, 353/85, 356/85, 359/85 to 362/85, 365/35, 378/85,-384/85, 410/85, 419/85, 425/85, 426/85, 439/85, 440/85, 443/85, 447/85 to 450/85, 25/86 to 28/86, 32/85. 81/84, 148/84, 157/84, 158/84, 167/84, 183/84, 220/84, 222/94, 286/84, 288/84 to 291/84, 293/84, 300/84, 313/84 to 316/84, 318/34, 320/84; 321/84, 327/85, 32/85, 45/85, 50/85, 52/85, 56/85, 59/85, 61/85, 62/85, 75/85, 77/85, 223/85, 228 to 234/85, 239/85, 263/85, 264/85, 271/85, 272/85, 279/85, 282/85, 287/85, 288/85, 292/85 to 294/85, and 301/85, by the court of Subordinate Judge, Tiruvallur thereby enhancing the award of compensation in favour of the claimants therein from Rs. 10/- per cent, as it had been fixed by the appellant/Land Acquisition Officer to Rs. 75/- per cent as the value of the land and further ordering interest at 12% p.a. from the date of Section 4(1) notification till the date of Award and thereafter at 6% p.a. till the date of payment of compensation coupled with a solatium of 30% on the amount calculated in terms of the above fixation of the compensation.

2. It is relevant to note that aggrieved against the judgment and decree passed by the trial Court in L.A.O.P. Nos. 81 of 1984 and 288 of 1985, the Special Tahsildar (Land Acquisition), S.H.A.R. Unit, Ponneri Taluk preferred two appeals respectively in A.S. 427 of 1990 and A.S. No. 476 of 1990 and the claimants before the trial Court also came with the appeals against the judgment and decree passed in the same L.A.O.Ps, and instead of numbering them as Cross Objections, the Office has numbered them as A.S. Nos. 846 of 1998 and 697 of 1990 respectively. Hence, those two Appeal Suits are also taken for consideration treating them as Cross Objections in the concerned appeals A.S. No. 427 of 1990 and A.S. No. 476 of 1990 respectively.

3. The history of the case is that at the instance of the second respondent in all the above appeal suits, is Union of India, represented by the Secretary to Government, Department of Space, Bangalore, the Government of Tamil Nadu issued their order No. 2261, Education Department dated 14.10.1981 to acquire the entire patta lands in Karimanal Village, Ponneri Taluk, Chengalpet District, for the use of Space Department, Union of India and in all about 3,500 acres of lands were sought to be acquired under different notifications ranging from 27.10.1982 to February, 1983. On administrative reasons find for the convenient acquisition of all those lands, they were divided into six units and the work concerned with the acquisition of the lands comprised in each unit had been entrusted with the Land Acquisition Officer and his staff. Thus, an extent of Ac. 50336 cents have been acquired in Unit-VI and the total extent involved in this Unit-VI got divided into 23 Blocks for the sake of convenience. It is with regard to the acquisition and fixation of compensation the above appeals and Cross Objections have arisen.

4. During the course of such acquisition, observing certain norms as guidelines, the Land Acquisition Officer had ultimately arrived at the conclusion to fix the value of the land at Rs. 10/- per cent. Having become aggrieved of such fixation of the land value, for the purpose of compensation, references have been made to the lower Court at the instance of the Claimants and the Court of reference, the Court of Subordinate Judge, Tiruvallur, conducting an enquiry in the respective Land Acquisition Original Proceedings, had ultimately arrived at the conclusion to fix the value of the land at Rs. 75/- per cent further directing the Land Acquisition Officer to deposit the said amount in the names of the claimants with interest and solatium as aforeseen.

5. Aggrie





































































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