SA.Nos. 729 & 785 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

SA.Nos.729 & 785 of 2018

[Physical Mode]

1. The Special Tahsildar,

Adi Dravidar Welfare,

Varnatheertham Extension,

Harur Town & Taluk,

Dharmapuri District.

2.The Collector of Dharmapuri District,

Collectorate Post,

Avvai Nagar,

Dharmapuri-5.

.. Appellants/Respondents/Land

Acquisition Officers in both appeals

Vs.

T.Paneerselvam

..respondent/appellant/claimant

in SA.No.729/2018

Duraisamy

..respondent/appellant/claimant

in SA.No.785/2018

Common Prayer:- Second Appeals filed under Section 13 of Tamil Nadu

Acquisition of Land for ADW Schemes Act, 31/78 r/w section 100 of the

Civil Procedure Code, to set aside the judgements and Decrees dated

12.4.2013 made in CMA(LA).Nos.21 & 19 of 2008 on the file of the Sub

Ordinate Judge, Harur, (CMA(LA)2/2006 and CMA(LA)4/2005 on the file

of Sub Court Dharmapuri) modifying the Award No.3/(ADW)/1989-90 in

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SA.Nos. 729 & 785 of 2018

Na.Ka.No.3177/86 (A), dated 17.02.1990 on the file of the Special

Tahsildar (ADW) and Land Acquisition Officer, Harur.

In both appeals

For Appellants

:

M/S.Edwin Prabakar, SGP,

assisted by Mr.J.Harish GA(CS)

For Respondents

:

Mr.V.R.Annagandhi

COMMON JUDGEMENT

(1)

These Second Appeals have been filed by the Special Thasildar,

Harur and the Collector of Dharmapuri District as against the

judgements and decrees of the learned Subordinate Judge, Harur

made in CMA (LA) Nos.19 and 21 of 2008.

(2)

The respondents in these appeals are the claimants who owned

lands in Sekkampatty village, Harur Taluk in Dharmapuri District.

The lands belonged to the respective respondents and others were

acquired for the purpose of providing house sites to Adi-Dravidars.

(3)

It is admitted that an extent of 0.64 hectares i.e. 1 acre 58 cents

comprised in survey numbers 192/4 and 192/5A, belonged to the

respondents and others was acquired by issuing a Notification

under Sec.4(1), dated 18.04.1988, under the Land Acquisition Act,

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SA.Nos. 729 & 785 of 2018

1894. It is interesting to note that the acquisition proceedings

through were initiated under Central Act, and on a petition under

Section 18 of Land Acquisition Act, reference was made. The

reference Court dismissed the LAOPs on a wrong notion and held

that only an appeal would lie. Thereafter, appeals had been filed in

C.M.A as seen from the memo of grounds raised before the Sub

Court, Harur.

(4)

By a common award in Award Nos.3 of 1989 - 90 dated

17.02.1990, the compensation of the land was fixed by the Land

Acquisition Officer at the rate of Rs.5000/- per acre. Accordingly,

the compensation for the individual land owners were fixed by

giving 30 % of solatium on the market land and additional interest

at the rate of 12% as provided under Sec.23 1 A of Land

Acquisitions Central Act. It is to be noted that the solatium payable

under the State Act is only 15% and similarly no additional

interest under Sec.23 (1) (A) of the Land Acquisitions Central Act

is payable for the land acquired under the State Act. Therefore, the

award was passed as per Land Acquisition (Central) Act, 1894.

(5)

It appears that as against the Award, the respective land owners

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SA.Nos. 729 & 785 of 2018

filed objections and protested to receive the compensation.

Thereafter, the Land Acquisition Officer referred the matter under

Sec.18 of the Land Acquisition Central Act and the Reference Court

entertained the proceedings in LAOP's. It was some time after, the

reference Court held that the acquisition ought to have been

proceeded under Act 31 of 1978 as the same was upheld by

Hon'ble Supreme Court and therefore, the remedy is