SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(Mad) 3691

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, M.S. RAMESH, JJ.
LAND ACQUISITION OFFICER - APPELLANT
Vs.
PANEERSELVAM - RESPONDENT
Appeal Suit Nos. 222 to 224 of 2016
Decided On : 14-06-2017

Advocates Appeared:
For the Appellant : Mr. R. Muthukumarasamy, Mr. P. Gunasekaran
For the Respondent: Mr. T. Viswanatha Rao, Mr. R. Thiagarajan, Mr. Jayesh B. Dolia

Headnote:

Land Acquisition Act - Section 4 (1) - Land case - Enhancement of compensation, government has come forward with these appeals - Acquisition of various lands, including the lands of the petitioner and after complying with the formalities - Determining the compensation payable - Data land is identical and similar with that of the lands proposed to be acquired and therefore, the sum per square feet awarded is a fair and reasonable compensation - Held, Appellants have also indicated the steps taken by them to obtain the certified copy of the sketch drawn to plan from the Survey Department, however, they could not obtain it before pronouncement of the Judgment by the Reference Court - It is evident that the appellant has produced a sketch before the Reference Court but it was not drawn to scale - Appellant has obtained a sketch drawn to scale from the Survey Department and it is sought to be marked - Having regard to the above facts, Court’s opinion that in the interest of justice, the appellant shall be permitted to mark the sketch drawn to scale so as to enable the Reference Court to ascertain the locational advantage and other physical features which exist in the acquired lands - Private negotiation with the first respondent/land owner - Reference Court is directed to permit the appellant to mark additional documentary evidence and afford opportunity to them to examine and cross-examine the witness and thereafter, shall pass appropriate award thereof on merits and in accordance with law - Petition dismissed.

JUDGMENT :

R. Subbiah, J.

All these three appeals arise out of a common Judgment dated 30.04.2015 passed in L.A.O.P. Nos. 30, 31 and 32 of 2013 respectively on the file of VI Assistant Judge, City Civil Court, Chennai, whereby the Reference Court has enhanced the compensation payable to the first respondent for acquisition of his lands from Rs.1,568/- to Rs.5,500/- per square feet. The Reference Court also directed the appellant to pay to the first respondent 30% solatium on the aggregate enhanced compensation amount determined by it, 12% additional market value on the enhanced compensation from the date of issuance of notification under Section 4 (1) of the Land Acquisition Act till the date of passing of the award together with 9% interest on the aggregate enhanced compensation amount from the date of taking possession of the acquired lands for one year and thereafter at the rate of 15% per annum till the award amount is deposited. Aggrieved by such enhancement of compensation, government has come forward with these appeals.

2. As all the three appeals arise out of a common judgment, the parties to the appeals are also one and the same, all the appeals are taken up together and are disposed of by this common judgment.

3. The first respondent in these appeals is the owner of the lands. The second respondent is the requisitioning body. The lands of the first respondent situate in Survey Nos. 2/3 measuring 11,366.68 square feet; 3/2 measuring 6431.82 square feet and Survey No. 4/2 measuring 1184 square feet in Koyambedu Village were sought to be acquired for the purpose of laying Metro Rail track. In this context, a notification under Section 4 (1) of the Land Acquisition Act was published in Tamil Nadu Government Gazzette No.285, Part-II, Section 2 dated 06.11.2009 for acquisition of various lands, including the lands of the petitioner and after complying with the formalities, an award in Award No.1 of 2011 dated 12.01.2011 was passed by the appellant herein determining the compensation payable to the first respondent herein at Rs.1,568/- per square feet..

4. According to the appellant, before passing the award, for the purpose of fixation of just compensation for the lands proposed to be acquired, the appellant has verified 2512 sale transactions for the relevant period in the Village out of which 1487 sale transaction have been discarded on the ground that they are house sites with building. Similarly, 224 sale transaction relating to mortgage transaction, 2167 transaction relating to execution of settlement deeds, 3 transactions with reference to partition deeds, 482 transactions relating to UDR sales were also discarded by the appellant. Thus, out of 2512 sale transactions, the appellant has considered the remaining 147 sale transactions and after discarding the transactions which have taken place on various grounds, the appellant zeroed in on 2 sale transactions, one in respect of the land situate in AKR street and the other in Poonamallee High Road and based on the value of the data lands, the appellant has determined the compensation payable to the acquired lands at Rs.1,568/- per square feet. According to the appellants, the data land is identical and similar with that of the lands proposed to be acquired and therefore, the sum of Rs.1,568/- per square feet awarded is a fair and reasonable compensation.

5. The first respondent, not satisfied with the sum of Rs.1,568/- per square feet fixed as compensation for the lands acquired, filed LAOP Nos. 30, 31 and 32 of 2013 before the Reference Court inter alia sought for enhanced compensation for the acquired lands.

6. Before the Reference Court, the claimant/first respondent herein examined himself as CW1 and Exs. C1 to C4 were marked. On the side of the respondent/appellant herein, two witnesses were examined as RW1 and RW2 and Exs. R1 to R7 were marked.

7. The Reference Court, taking into consideration the value of the lands indicated in Exs. C1 to C4 filed on behalf of the claima














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top