IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05-06-2025 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

1.The Government of Tamil Nadu rep by the District Collector, Erode

2.The District Collector, Erode District.

3.The Special Tahsildar, ADW, ...Authorised Officer/

Kangeyam. Respondents/Appellants Vs Subbulakshmi ...Claimant/Appellant Respondent PRAYER: Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 read with Section 13 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, to set aside the Judgment and Decree dated 05.03.2001 made in CMA.No.7 of 1999 on the file of the learned Subordinate Judge, Dharapuram, modifying the Award No.3/97-98 dated 22.03.1999 on the file of the Special Tahsildar (ADW), Kangeyam.

For Appellant(s): Mr.C. Sathish, Government Advocate For Respondent(s): Mr.N.Sankara Subramaniam, No appearance JUDGMENT This Court by order dated 11.07.2022 directed the Registry to covert the Second Appeal No.1587 of 2002 as Civil Miscellaneous Second Appeal No.16 of 2023.

2.The appellant is the respondent in C.M.A.No.7 of 1999 and the Authorised Officer in Award No.3/97/98.

3.The brief facts of the case are as follows:

The summary of the order dated 22.03.1999 passed by the Special Tahsildar (Adi Dravidar Welfare), Kangeyam in Land Acquisition No. 3/97-98 is that the Government had proposed to acquire lands for providing house-site pattas to 115 Adi Dravidar families belonging to Somanuthu area. For this purpose, the lands situated in Tharapuram Taluk, Chinnakkampalayam Village, in Survey No. 589/1A1, to an extent of 2.95.0 hectares, was planned to be acquired. Accordingly, a Notification was published in the District Gazette on 10.12.1997. The Village Administrative Officer of Chinnakkampalayam published the Notification through tom-tom on 13.03.1998. A personal notice to the interested landowner was issued on 10.03.1999. During the enquiry conducted on 22.03.1999, the Village Administrative Officer and the claimant both appeared and gave their statements. The claimant stated that she had no objection to the acquisition of his land in Survey No. 589/1A1 to an extent of 2.95.0 hectares by the Government. She further stated that the dilapidated shed located in the acquired land would be removed at his own responsibility, and that he had already removed 20 coconut trees standing on the land and did not claim any compensation for them. She also stated that a small water pit, about 25 feet deep located on the western side, may be allowed for use by the beneficiaries, and that he did not claim compensation for the same. However, the claimant stated that the compensation awarded for the acquired land was inadequate, and therefore, she was receiving the compensation under protest. The Special Tahsildar (Adi Dravidar Welfare), Kangeyam, collected and examined the sale statistics of Chinnakkampalayam Village for the period of one year preceding 10.12.1997 from the Sub-Registrar Office, Dharapuram, and fixed the land value as Rs.45,333/- per acre, in accordance with the instructions of the District Revenue Officer. Based on the above, the compensation payable to the claimant was fixed for the land value at Rs.3,30,478/- with 15% of Solatium at Rs.49,572/- and the compensation for the structure at Rs.5,400/-. Thus, a total compensation of Rs.3,85,450/- was awarded to the claimant, and orders were passed accordingly.

4.The claimant raised objections stating that the 3rd respondent failed to consider that the acquired land is suitable for conversion into house-site plots, and that its value would appreciate significantly in the future. The 3rd respondent has not provided any valid reason for not accepting the Government fixed the value of Rs.2,60,000/- as per the Sale Deed dated 05.01.1996. There is no necessity that a prospective purchaser must always be available for purchasing the land. For the past five years in Erode District, lands required for providing house-sites to Adi Dravidars