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2022 Supreme(Mad) 3892

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.S. SUNDAR, J.
M/s. Oil and Natural Gas Corporation Ltd. - Appellant
Versus
Tmt. Habula Ammal [Died] & Ors. - Respondents
AS.Nos.752 of 2008, 827 of 2010, 114 & 115 of 2011 & 28 of 2015 & MP.Nos.1 of 2010, MP.Nos.1 & 3 of 2011, MP.No.1 of 2015
Decided On : 20-10-2022

Advocates Appeared:
For the Appellant : Mr. K. Shanmugakani.
For the Respondents: Mr. T. Sai Krishnan, Mr. G. Djearany, GA [Pondy].

Headnote:

Civil Procedure Code, 1908 - Section 96 - Land Acquisition Act, 1894 - Section 18, 54 - Since all these appeals arise out of common Award passed by Land Acquisition Officer pursuant to a Notification issued under Section 4[1] of Land Acquisition Act, 1894, these appeals are disposed of by this common judgment - Held, Court does not find any reason to doubt genuineness of document-Ex.P4 which was marked in LAOP.Nos.26 and 49/2000, value cannot be different from value adopted by Reference Court in LAOPs which are subject matter of these appeals - Court is unable to find any illegality or infirmity in judgment and decree of Reference Court in fixing compensation - Reference Court granted market value per Are less 15% towards development charges. Apart from market value, claimants are entitled to 30% solatium and additional market value at rate of 12% interest per annum - As settled by Hon'ble Supreme Court, claimants are entitled to interest in terms of Section 28 of Land Acquisition Act, i.e., 9% per annum for a period of one year from date of taking possession and thereafter, at rate of 15% per annum after expiry of one year on amount enhanced by Reference Court - As it has been settled by Hon'ble Supreme Court and this Court, claimants are also entitled to interest for market value plus solatium and additional compensation in terms of Section 23 [1][A] of Act - Appeal Suits dismissed.

JUDGMENT :

[Prayer in AS.No.752/2008:- Appeal Suit filed under Section 54 of the Land Acquisition Act read with Section 96 of CPC against the Award passed by the learned Additional District Judge, Pondicherry in LAOP.No.26/2000 dated 30.03.2007.

Prayer in AS.No.827/2010:- Appeal Suit filed under Section 54 of the Land Acquisition Act read with Section 96 of CPC against the Award passed by the learned Additional District Judge, Pondicherry in LAOP.No.49/2000 dated 23.11.2007.

Prayer in AS.No.114/2011:- Appeal Suit filed under Order XLIV Rule 1 of CPC against the Award passed by the learned Additional District Judge, Pondicherry in LAOP.No.47/2000 dated 02.11.2006.

Prayer in AS.No.115/2011:- Appeal Suit filed under Section 54 of the Land Acquisition Act against the Award passed by the learned Additional District Judge, Pondicherry in LAOP.No.29/2000 dated 23.11.2007.

Prayer in AS.No.28/2015:- Appeal Suit filed under Section 54 of the Land Acquisition Act against the Award passed by the learned Additional District Judge, Pondicherry in LAOP.No.38/2000 dated 23.11.2007.]

1. All the above appeals arise out of a batch of judgment and decree of AS.Nos.752/2008 827/2010, 114 & 115/2011 and 28/2015 the learned Additional District Judge, Pondicherry at Karaikkal in LAOP.Nos.26, 49, 47, 29 and 38/2000 dated 30.03.2007 ; 23.11.2007 ; 02.11.2006 ; 23.11.2007 and 23.11.2007 respectively.

2. Since all these appeals arise out of the common Award passed by the Land Acquisition Officer pursuant to a Notification issued under Section 4[1] of the Land Acquisition Act, 1894, dated 14.11.1997, these appeals are disposed of by this common judgment.

3. A extent of 7.05.0 Hectares in Neravy Revenue Village in Karaikkal Taluk, was acquired for ONGC for expansion of ONGC Office Complex and Stores at Neravy. A common Award was passed by the Land Acquisition Officer on 31.12.1999 vide Award Proceedings Ref.No.4388/95/B1.

4. In the Award, two different values were adopted in relation to lands located in RS.Nos.199/5 ; 186/2 ; 198/2 ; 198/3 and 186/1 and other Re-survey numbers. The Land Acquisition Officer accepted the guideline value for the properties as the Market Value and fixed the market value at Rs.10,000/- per Are [in LAOP.Nos.26/2000, 47/2000 and 29/2000] and Rs.3,000/- per Are [LAOP.Nos.49/2000 AS.Nos.752/2008 827/2010, 114 & 115/2011 and 28/2015 and 38/2000]. Aggrieved by the quantum, the land owners have sought for reference under Section 18 of the Land Acquisition Act, 1894 and on reference by the Land Acquisition Officer, the Reference Court, namely, the Additional District Court, Pondicherry at Karaikkal, entertained several LAOPs. In all the cases, the Reference Court fixed the compensation at Rs.22,460/0 per Are and directed the Land Acquisition Officer to deduct a sum equivalent to 15% towards development charges. Aggrieved by the judgments and decrees of the Reference Court in the above Land Acquisition Original Petitions, viz., LAOP.Nos.26/2000, 49/2000, 47/2000, 29/2000 and 38/2000, the above Appeal Suits have been preferred by the Requisition Body, namely, M/s.Oil and Natural Gas Corporation Limited.

5. Heard the learned counsel for the appellant and the learned Government Advocate [Pondy] appearing for Union Territory of Puducherry, and Mr. A. Muthukumar, learned counsel appearing for the 4th respondent in AS.No.115/2011.

6. It is brought to the notice of this Court that the compensation fixed AS.Nos.752/2008 827/2010, 114 & 115/2011 and 28/2015 by the Reference Court was also confirmed by this Court vide judgment dated 02.03.2022 in AS.Nos.417 to 421/2010.

7. The appellant raised several grounds in the Memorandum of Grounds. The main ground raised by the appellant in these batch of cases is that the document which was relied upon by the Reference Court and marked on the claimants' side is not a genuine sale transaction and therefore, the market value fixed on the basis of such document cannot be accepted.

8. The learned counsel appearing for the

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