The Special Tahsildar(Land Acquisition)Housing Board, Hosur v. Betha Venkatappa (Deceased) & Ors

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 08.02.2008CORAM :THE HON’BLE MR. JUSTICE S.TAMILVANANA.S.No.1313 of 1995andA.S.No.528 of 1996A.S.No.1313 of 1995The Special Tahsildar(Land Acquisition)Housing Board, Hosur ... Appellant/ Referring Officervs.Betha Venkatappa (Deceased)2. Krishnappa3. Mariamma4. Kalavathy ... Respondents/ Claimants(R2 to R4 were impleaded as Legal Representativesof the deceased respondent, as per the order of theCourt, dated 27.01.2004 made in C.M.P.Nos.17733 of 2003 and 700 of 2004Appeal is filed under Section 54 of the Land Acquisition Actagainst the Judgment and Decree, dated 22.12.1994 made inL.A.O.P.No.191 of 1986 on the file of the Subordinate Judge,Krishnagiri.For Appellant: Mr.V.Ravi, Spl.G.P. (AS)For Respondents: Mr.D.Shivakumar for R2 Mr.V.Sekar for R3 and R4A.S.No.528 of 1996The Special Tahsildar(Land Acquisition)Housing Board, Hosur .... Appellant/ Referring Officervs. https://hcservices.ecourts.gov.in/hcservices/

1. Santhamma2. Sampankiappa3. Krishnappa .... Respondents/ ClaimantsAppeal is filed under Section 54 of the Land Acquisition Actagainst the Judgment and Decree, dated 19.12.1994 made inL.A.O.P.No.169 of 1986 on the file of the Subordinate Judge,Krishnagiri.For Appellant: Mr.V.Ravi, Spl.G.P. (AS)For Respondents: Mr.S.Rajasekar for R1 and R3 Mr.M.V.Krishnan for R2COMMON JUDGMENTA.S.No.1313 of 1995 is arising out of the Judgment andDecree, dated 22.12.1994 made in L.A.O.P.No.191 of 1986 andA.S.No.528 of 1996 is arising out of the Judgment and Decree,dated 19.12.1994 made in L.A.O.P.No.169 of 1986 on the file of theLand Acquisition Tribunal / Sub Court, Krishnagiri. 2. As per L.A.O.P.No.191 of 1986, relating to A.s.No.1313 of1995, an extent of 2.71 acres of land was acquired in S.No.749 ofHosur village by the appellant for constructing houses, underTamil Nadu Housing Scheme. In A.S.No.1313 of 1995, the appellant /land acquisition office had fixed the market value of the landacquired at Rs.5,500/- per acre. The amount was received by therespondent / claimant under protest and at the request of therespondent / claimant, the matter was referred under Section 18 ofthe Land Acquisition Act.3. It is seen from the impugned Judgment that the claimantwas examined as C.W.1, apart from marking Exs.A.1 to A.7 on theside of the respondent / claimant. On the side of the appellant,no witness was examined, however, Exs.B.1 to B.3 were marked byconsent, out of which, Ex.B.1 is the award passed by the landacquisition officer under Section 11 of the Act. Sales statisticsrelating to the village for the period between 16.02.1977 and06.10.1981 has been marked as Ex.B.2 and the topography showingthe acquired land and the data land is marked as Ex.B.3.Commissioner's Report is marked as Ex.C.1, apart from the sketchprepared by him, Ex.C.2.4. Considering the oral and documentary evidence, the landacquisition tribunal, decided the market value of the acquiredland at Rs.1,00,644/- per acre, out of which, 25% of the value was https://hcservices.ecourts.gov.in/hcservices/ deducted towards developmental expenses and the appellant wasdirected to pay compensation at the aforesaid rate for theacquired land with other benefits, as per Section 23 of the LandAcquisition Act. Aggrieved by which, appeal in A.S.No.1313 of 1995has been preferred.5. As per the land acquisition proceedings, relating toA.S.No.528 of 1996 and L.A.O.P.No.169 of 1986, an extent of 0.76acres of land in S.No.750/2 of Avalapalli village, Hosur Taluk wasacquired for the Housing Board Scheme. The appellant, LandAcquisition Officer has decided the market value of the acquiredland at Rs.5,500/- per acre, accordingly, compensation wasawarded. The respondent / claimant received the compensationamount under protest and at his request, the matter was referredunder Section 18 of the Land Acquisition Act. 6. It is seen that the third respondent, who was the thirdclaimant before the Tribunal was examined as C.W.1, apart frommarking documents Exs.A.1 to A.8, however, no witness was examinedon the side appellant, but the award passed by the LandAcquisition Officer has been marked as Ex.B.1.7. The Tribunal, considering the evidence both oral anddocumentary and also the arguments advanced by both the learnedcounsel has held that the respondents herein were entitled to getcompensation at Rs.86,000/- per acre, accordingly, entitled to getRs.65,360/- for the acquired 0.76 acres of land along withRs.11,190/- compensation for the well in the acquired land withother consequential benefits, as per Section 23 of the Act.Aggrieved by which, A.S.No.528 of 1996 has been preferred by theSpecial Tahsildar, Housing Board, Hosur.8. When both the appeals were taken up for arguments, learnedcounsel appearing for the respondents drew the attention of thisCourt to the common Judgment of the Division bench of this Court,dated 16.09.2003 made in A.S.No.1223 of 1994, A.S.No.1224 of 1994and A.S.No.62 of 1995, wherein the market value of the similarlyplaced lands relating to L.A.O.P.Nos. 166,167,168,170,172 and 173of 1986 has been fixed at Rs.861.11/- per cent. Mr.V.Ravi, learnedSpecial Government Pleader (AS) appearing for the appellant hasalso admitted the Judgment of the Division Bench, dated 16.09.2003relating to the similarly placed lands of the same village,acquired by the land acquisition officer.9. It is not in dispute that the Division Bench of thisCourt, by Judgment dated 16.09.2003 made in A.S.No.1223 of 1994,A.S.No.1224 of 1994 and A.S.No.62 of 1995 for the similarly placedadjacent lands has fixed the market value at Rs.861.11/- per cent. https://hcservices.ecourts.gov.in/hcservices/

10. As it is a covered Judgment, the respondents / claimantsin both the appeals are entitled to claim compensation on par withthe other claimants in the connected L.A.O.P's. It is not indispute that as per L.A.O.P.No.191 of 1996, an extent of 2.71acres of land belonged to the deceased first respondent / claimantwas acquired by the appellant, for which Notification underSection 4(1) of the Land Acquisition Act was published on07.01.1981 and therefore, the said claimant was entitled to getcompensation for the market value at Rs.861.11/- per cent withother consequential benefits, as per Section 23 of the LandAcquisition Act. While the appeal was pending, the claimant wasreported dead and his son and daughters, being his legalrepresentatives were arrayed as respondents 2 to 4. Respondents 3and 4, married daughters of the deceased claimant havefiled sworn affidavit that they have no objection for theirbrother, the second respondent in getting the amount ofcompensation, as per the Judgment of this Court.11. In view of the separate affidavits filed by therespondents 3 and 4 in A.S.No.1313 of 1995, the second respondent,Krishnappa is entitled to receive the entire amount ofcompensation payable, as per the Judgment of this appeal, afterdeducting the amount already received by the respondents.12. As per L.A.O.P.No.169 of 1986, relating to A.S.No.528 of1996, an extent of 0.76 acres of land in S.No.750/2, AvalapalliVillage, Hosur Taluk was acquired by the appellant. In view of theDivision Bench Judgment of this Court, dated 16.09.2003 made inA.S.No.1223 of 1994, A.S.No.1224 of 1994 and A.S.No.62 of 1995,the respondents herein are also entitled to get compensation forthe market value at Rs.861.11/- per cent, accordingly, theappellant is directed to pay compensation to the respondents forthe acquired 76 cents of land at Rs.861.11/- per cent with theconsequential benefits, as per Section 23 of the Land AcquisitionAct.13. In the result, both the appeals are disposed of with thefollowing directions :a) A.S.No.1313 of 1995 is disposed of with a directionto the appellant to pay compensation for the acquired 2.71 acresof land at Rs.861.11/- per cent with 12% additional amount from07.01.1981, the date of 4(1) Notification till 31.03.1985, thedate of taking over possession with 30% solatium and 9% interestfor one year and 15% subsequent interest, as per Section 23 of theLand Acquisition Act, after deducting the amount already receivedby the respondents / claimants. The second respondentMr.Krishnappa, s/o. Betha Venkatappa is entitled to receive theamount, in view of the affidavits filed by R3 and R4. In theappeal, both the parties are directed to bear their own costs. https://hcservices.ecourts.gov.in/hcservices/ b) A.S.No.528 of 1996 is disposed of with a direction tothe appellant to pay compensation for the acquired 76 cents ofland at the rate of Rs.861.11/- per cent with 12% additionalamount from 07.01.1981, the date of 4(1) Notification till24.07.1985, the date of taking over possession with 30% solatiumand 9% interest for one year and 15% subsequent interest,as per Section 23 of the Land Acquisition Act, after deducting theamount already received by the respondents / claimants. In theappeal, both the parties are directed to bear their own costs. Sd/-Deputy. Registrar./true copy/Sub Asst. Registrar.tsvnTo1. The Subordinate Judge, Krishnagiricopy toThe Record Keeper V.R. Section, High Court, Madras.2 ccs to Government Pleader, Sr. 6632 and 66331 cc to Mr.M. V. Krishnan, Advocate, SR. 68351 cc to Mr.D. Shivakmaran, Advocate, SR. 63601 cc toMr.S. Rajasekar, Advocate, SR. 6611 A.S.Nos.1313 of 1995 and 528 of 1996KU (CO)kk 12/8