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2026 Supreme(Mad) 2038

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, K. RAJASEKAR, JJ.
The Special Tahsildar (LA) – Appellant
Versus 
V.K. Periyasami - Respondent
A.S. Nos.599 to 610 of 2017
Decided On : 02-03-2026

Advocates Appeared:
For the Appellant : Mr. G. Nanmaran (Special Government Pleader)
For the Respondent: Mr. P. Jagadeesan, Mr. P.T. Ramkumar (Standing Counsel for Railways)

JUDGMENT :

K. RAJASEKAR, J.

The issues involved in the First Appeals are one and the same, hence, they are disposed of by this common judgment. These appeals are filed by the Acquisition Officer/ First Respondent in all the Original Petitions, challenging the enhanced compensation fixed by the Land Acquisition Tribunal.

2. On the requisition from the Indian Railways, the Tamil Nadu State Government had approved a draft notification u/s 4(1) of the Land Acquisition Act, 1874 in G.O.Ms.No.22, Transport Department dated 18.01.1999 and published in the Tamil Nadu Government Gazette extra ordinary No.49 part II Section-2 @ page 4 and 5, dated 21.01.1999, thereby acquired lands, situated at Keeranoor village of Rasipuram Taluk, Namakkal District, for the purpose of laying BG Railway line between Karur and Salem. The Land Acquisition Officer (hereinafter LAO) had conducted separate enquiry for fixing compensation for the lands acquired, and after hearing the parties, fixed the value of the lands acquired from the Keeranoor village by award in S.No.1 to 14 dated 14.09.1999.

3. Aggrieved over the quantum of compensation, the land owners filed original petitions, seeking enhancement of compensation before the Land Acquisition Tribunal, Namakkal. Before the Tribunal, the claimants have examined as C.W.1 to C.W.8 and Exs.C.1 to C.27 were marked and on the side of the respondents, R.W.1 was examined and Exs.R.1 to R4 were marked. Though the claimants have demanded Rs.100/- per square feet as compensation, the Land Acquisition Tribunal, after examining the witnesses and documents placed on record and after elaborate enquiry, fixed Rs.25/- per square feet as just compensation. Further, the Tribunal has also ordered 30% solatium along with applicable interest.

4. Aggrieved over the enhancement of compensation awarded by the Land Acquisition Tribunal, the Land Acquisition Authority preferred these appeal suits before this Court.

5. The learned counsel appearing for the appellant submitted that, the Tribunal has not properly considered the documentary evidence produced and also categorical guidelines prescribed in the Act, for fixing the market value. According to him, the appropriate value given by the Land Acquisition Officer is Rs.84,848/- per hectare and the same is just and fair, hence prays to set aside the award of the Tribunal.

6. The learned counsel for the respondents/ land owners, in turn submitted that the compensation fixed for the lands acquired, by the Tribunal is only Rs.25/- per square feet, which is very minimal and they have also filed separate cross objections in all the matters, seeking enhancement of the compensation fixed by the Land Acquisition Tribunal. According to them, for the very same railway line project, the value of the lands, which were acquired from the Vengampatti village was fixed as Rs.50/- per square feet by this Court, vide common judgment dated 30.08.2010 in batch of appeals in A.S.Nos.198, 200 to 223 of 2007, A.S.Nos.992 to 999 of 2008 and 377 of 2010, hence the very same value have to be fixed for the lands acquired from the Keeranoor village also. They have also referred various citations in respect of the same.

7. We have also gone through the aforesaid common judgment dated 30.08.2010, passed by this Court, in which the learned Single Judge, while deciding the land situated in Vengampatti village for the very same project had specifically recorded and considered the location of the land acquired in that case and also based on his reasoning in view, the observations made by the Division Bench of this Court while fixing the fair market value for Ammani Kondalampatti village, under very same railway project. The demand made by the petitioners therein in their Cross Objections was to grant Rs.100/- per square feet, as compensation. The learned Single Judge, while fixing the compensation of Rs.50/- per square feet, has observed in paragraphs No.28 to 30 as follows:

“28. In the light of the above legal precedents

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