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2023 Supreme(Online)(MAD) 34475
MADRAS HIGH COURT
THE SPECIAL TAHSILDAR (LA), – Appellant
Versus
POOVAYAMMAL, (DIED) – Respondent
AS 731 2010
The High Court will not interfere with the trial court's judgment and decree if it finds that the trial court has rightly dealt with all the issues and there are no grounds to interfere.
Headnote:
LAND ACQUISITION - ENHANCEMENT OF COMPENSATION - REVIEW - DISMISSAL - APPEAL - NO GROUNDS TO INTERFERE - CONFIRMATION OF TRIAL COURT'S JUDGMENT
Fact of the Case:
The appellant, Special Tahsildar (Land Acquisition), Salem-Karur Broad Gauge Railway Line Project, acquired the respondents' properties for the formation of a new broad gauge railway line between Salem-Karur via Namakkal under the emergency provisions of Section 17(2) of the Land Acquisition Act. The appellant passed an award on 13.08.1999, fixing the compensation. Dissatisfied with the award, the respondents filed claim petitions before the trial court, which enhanced the compensation to Rs. 16,38,020/- per acre. Aggrieved by this, the appellant filed appeal suits.
Finding of the Court:
The High Court found that the trial court had rightly dealt with all the issues and enhanced the compensation. The court also noted that the appellant's review applications were dismissed by the trial court. Therefore, the court found no grounds to interfere with the trial court's judgment and decree.
Issues: Whether the trial court erred in enhancing the compensation awarded by the appellant.
Ratio Decidendi: The High Court held that the trial court had rightly dealt with all the issues and enhanced the compensation. The court also noted that the appellant's review applications were dismissed by the trial court. Therefore, the court found no grounds to interfere with the trial court's judgment and decree.
Final Decision: The High Court dismissed the appeal suits and confirmed the trial court's judgment and decree.
AS.Nos.731 to 733 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.12.2023
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
AS.Nos.731 to 733 of 2010 and
MP.Nos.1, 2 & 2 of 2010
AS.No.731 of 2010
The Special Tahsildar(L.A.),
Salem-Karur Broad Gauge,
Railway Line Project,
Salem-1
... Appellant
Vs.
1.Poovayammal(died)
2.The Deputy Chief Engineer(Construction)
Salem-Karur Broad Gauge Railway Line
Project Southern Railway,
Salem-5
3.Selvam
4.Chithra
5.Vimal
6.Mythili
7.Paapathi
(Respondents 3 to 7 brought on record as LR's
of the deceased R1 vide order of Court
dated 07.11.2023 made in CMP.Nos.9835, 9837
and 9839 of 2023 in AS.No.731 of 2010
...Respondents
PRAYER: Appeal Suit is filed under Section 54 of Land Acquisition Act
against the judgment and decree of the learned Additional District Sessions
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https://www.mhc.tn.gov.in/judis
AS.Nos.731 to 733 of 2010
Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in
LAOP.No.119 of 2002 dated 23.05.2003
For Appellant : Mr.G.Velu,
Additional Government Pleader(AS)
For Respondents
For R3 to 7 : Mr.S.Sivakumar
For R2
: No appearance
R1
: died(steps taken)
AS.No.732 of 2010
The Special Tahsildar(L.A.),
Salem-Karur Broad Gauge,
Railway Line Project,
Salem-1
... Appellant
Vs.
1.Ramaswamy Gounder(died)
2.The Deputy Chief Engineer(Construction)
Salem-Karur Broad Gauge Railway Line
Project Southern Railway,
Salem-5
3.Krishnan
4.Suppan
5.Srinivasan
6.Ponnarasan
7.Vijaya
8.Neela
(Respondents 3 to 8 brought on record as LR's
of the deceased R1 vide order of Court
dated 07.11.2023 made in CMP.Nos.9831, 9829
2/8
https://www.mhc.tn.gov.in/judis
AS.Nos.731 to 733 of 2010
and 9825 of 2023 in AS.No.732 of 2010
...Respondents
PRAYER: Appeal Suit is filed under Section 54 of Land Acquisition Act
against the judgment and decree of the learned Additional District Sessions
Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in
LAOP.No.120 of 2002 dated 23.05.2003
For Appellant : Mr.G.Velu,
Additional Government Pleader(AS)
For Respondents
For R3 to 5 : Mr.S.Sivakumar
For R2
: Not ready in notice
R1
: died(steps taken)
AS.No.733 of 2010
The Special Tahsildar(L.A.),
Salem-Karur Broad Gauge,
Railway Line Project,
Salem-1
... Appellant
Vs.
1.Sevaththal(died)
2.The Deputy Chief Engineer(Construction)
Salem-Karur Broad Gauge Railway Line
Project Southern Railway,
Salem-5
3.Duraiyan
4.Bakkiyam
5.Lakshmi
(Respondents 3 to 5 brought on record as LR's
3/8
https://www.mhc.tn.gov.in/judis
AS.Nos.731 to 733 of 2010
of the deceased R1 vide order of Court
dated 07.11.2023 made in CMP.Nos.9803, 9816
and 9818 of 2023 in AS.No.733 of 2010
...Respondents
PRAYER: Appeal Suit is filed under Section 54 of Land Acquisition Act
against the judgment and decree of the learned Additional District Sessions
Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in
LAOP.No.121 of 2002 dated 23.05.2003
For Appellant : Mr.G.Velu,
Additional Government Pleader(AS)
For Respondents
For R3 to 8 : Mr.S.Sivakumar
For R2
: Not ready in notice
R1
: died(steps taken)
COMMON JUDGMENT
All the appeal suits are arising out of the judgment and decree passed
in LAOP.Nos.119 to 121 of 2002 respectively on the file of the learned
Additional District Sessions Judge & Fast Track Court No.1, Salem.
2. The appellant passed award dated 13.08.1999 thereby fixed the
compensation. Without satisfying with the said award, the claimants filed claim
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AS.Nos.731 to 733 of 2010
petitions before the trial court. The trial court enhanced the compensation to
Rs.16,38,020/- per acre. Aggrieved by the same, the appellant has filed these
appeal suits.
3. On perusal of records, revealed that the properties belonged to the
claimants were acq
