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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, C.KUMARAPPAN
M.R. Somu @ Munien – Appellant
Versus
Union of India, Rep. by Secretary, Puducherry – Respondent
| Table of Content |
|---|
| 1. land acquisition for archaeological site. (Para 1 , 2) |
| 2. contention about improper compensation fixation. (Para 4 , 5) |
| 3. scope of appeal restricted under section 18. (Para 6 , 7) |
| 4. non-compliance with section 11 of the act. (Para 9 , 10 , 11 , 12 , 13) |
| 5. requirement for reasoned compensation determination. (Para 14 , 15) |
| 6. conclusion to remand for re-determination of compensation. (Para 16) |
JUDGMENT :
R. SUBRAMANIAN, J.
1. This appeal is filed under Section 54 of the LAND ACQUISITION ACT , 1894 [hereinafter referred to as the “Act”]. Challenge is to the award of the Court passed in reference under Section 18 of the Act, confirming the compensation awarded by the Collector under Section 11 of the said Act.
2. An extent of about 13.89.90 hectares in Arikanmedu Village in Puducherry was sought to be acquired as the land was classified as an Archaeological Site where an Indo Roman Trading Station existed in the past. The Archaeological Survey of India excavated the ancient site and found that the same should be declared as a protected ASI monument and recommended acquisition of the said area on 13.03.2003. Consequent upon such recommendation, a notification under Secti
The Collector must adhere to procedural requirements stipulated in the Land Acquisition Act and seek assistance from assessors when determining compensation for acquired land classified as an archaeo....
The court established that compensation for acquired land must reflect its urbanized market value rather than agricultural rates, ensuring fair compensation rights under the Constitution.
Compensation for land acquisition must be determined based on market value at the time of notification, ensuring compliance with statutory provisions and fair procedures.
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