Judgment · High Court

BEFORE THE HIGH COURT OF JUDICATURE AT MADRASDATE : 04.08.2008CORAMTHE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYANA.S.No.953 of 2001 The Special TahsildarLand AcquisitionAdi Dravidar WelfareVellore... Appellant / Referring OfficerVs.Balakrishnan.. Claimant / Respondent/ClaimantPrayer:-This appeal has been preferred under Section 54 of the LandAcquisition Act against the decree and judgment dated 30.11.2000 inLAOP.No.92 of 1994 on the file of the Subordinate Judge, Ranipet. For Appellant : Mr.V.Ravi, Special Government PleaderFor Respondent : Mr.A.Seshan, Advocate JUDGMENTThis appeal has been directed against the judgment in LAOP.No.92of 1994 on the file of the Subordinate Judge / Land AcquisitionTribunal, Ranipet, Vellore.

The Government has acquired 0.39.0 hectares of land inS.Nos.99/3, 99/4, 99/7, 99/10, 98/1, 98/5, 95/4A & 99/2 for the purpose providing house sites to the landless people belonging Adi-Dravida community of Aanaimallur village.

After following the formalities the Land Acquisition Officerhas published notification under Section 4(1) of the Land AcquisitionAct (hereinafter referred to as 'the Act') in the Tamil NaduGovernment Gazette on 14.12.1989. As per Ex.R.3 data land dated6.4.1988 under which 2 acres 11 cents of Nanja land was sold forRs.26,375/- in S.Nos.9/1, 23/3, 25/5, 75/3 and 25/5 in AanaimallurVillage, the land Acquisition Officer has fixed the compensation. But a perusal of Ex.R.3 will go to show that it is not a registration copy, but is it is only a certified copy of the Tahsildar. On the basis of Ex.R.3, Land Acquisition Officer has passed an AwardNo.4/92-93 dated 16.4.1992 fixing the compensation for the land acquired at Rs.96/56 per cent. Not satisfied with the award of compensation passed by the Land Acquisition Officer, the claimant https://hcservices.ecourts.gov.in/hcservices/ filed his objections before the Land Acquisition Officer, who in turn had referred the same under Section 18 of the Act to the LandAcquisition Tribunal.

Before the Land Acquisition Tribunal the claimant had examined himself as P.W.1 and exhibited Ex.C.1 – sale deed dated 5.10.1988executed by one Sarangapani Ammal in favaour of Krishnaveni Ammal. On the side of the Referring Officer, Special Deputy Tahsildar was examined as R.W.1 and Ex.R.1 to Ex.R.7 were marked.

After meticulously considering the evidence both oral and documentary and after giving due consideration to the submissions made by the Government Advocate and also the learned counsel for the claimant, the Land Acquisition Tribunal has allowed the appeal thereby enhanced the compensation from Rs.96/56 per cent to Rs.500/-per cent with usual interest, solatium, interest on solatium etc.,which necessitated the Government to prefer this appeal.

Heard the learned Special Government Pleader and the learned counsel for the respondent and considered their respective submissions.

The Land Acquisition Tribunal, on the basis of Ex.C.1 – sale deed dated 5.10.1988 under which 5 3/5 cents out of 22 cents inS.No.98/3 in Aanaimallur Village was sold for Rs.8,750/-, enhanced and fixed the compensation as Rs.500/- per cent from Rs.96/56 percent fixed by the Land Acquisition Officer. In the absence of any registration copy for the sale deed for Ex.R.3, the Award of compensation fixed by the Land Acquisition Officer cannot be upheld. Further, 4(1) notification was dated 14.12.1989, Ex.C.1 is dated5.10.1988, ie., one year two months prior to 4(1) notification, but the nature of the land sold under Ex.C.1 and the land acquired by the Government are similar in all aspects.

But the learned Special Government Pleader would focus the attention of this Court to the judgment of this in A.S.No.713 of2001, which has been preferred against the judgment in LAOP.No.93 of1994 on the file of the Subordinate Judge / Land AcquisitionTribunal, Ranipet dated 30.11.2000, wherein 20% deduction has been given by this Court towards development charges.A perusal of the said judgment in A.S.No.713 of 2001 will also go to show that the government had acquired 0.04.0 hectare in S.No.95/4B, 0.01.0 hectare in S.No.99/2, 0.03.5 hectare in S>No.99/9, 0.06.5 hectare inS.No.98/3B, 0.02.5 hectare in S.No.98/4 and 0.13.5 hectare inS.No.98/6 totaling an extent of 0.75 acres in the same villageAanaimallur village, Arcot Taluk, for the purpose of providing house sites for the people belonging to Adi-Dravidar community. In that case also Land Acquisition Officer has fixed the compensation asRs.96/56 per cent. Against that, a reference under Section 18 of the Act was made before the Land Acquisition Tribunal, which had enhanced https://hcservices.ecourts.gov.in/hcservices/ the compensation from Rs.96/56 per cent to Rs.500/- per cent. In the said case, this Court relying on (i) AIR 2007 SC 740 (DeputyDirector, Land Acquisition vs. Malla Atchinaidu), (ii) (2003) 4 SCC481 (Ravinder Narain and another Vs. Union of India) (iii) (2007)9SCC 447 (Nelson Fernandes and others Vs. Special Land AcquisitionOfficer, South Goa and others), (iv) (2008)1 SCC 554 (LucknowDevelopment Authority Vs. Krishna Gopal Lahoti and others), (v)(1996)9 SCC 640 (Basavva (smt) and others Vs. Special LandAcquisition Officer and others), after giving 20% deduction towards development charges, has reduced and fixed the compensation asRs.400/- per cent. Admittedly no appeal has been preferred against the said judgment in A.S.No.713 of 2001 so far. Under such circumstance, I am of the view that in the case on hand also 20%deduction is to be made towards development charges and the compensation is to be reduced and fixed as Rs.400/- per cent.

In fine, the appeal is allowed in part and the award of compensation fixed by the Land Acquisition Tribunal in LAOP.No.92 of1994 is reduced from Rs.500/- per cent to Rs.400/- per cent after giving 20% deduction towards development charges. The claimant is entitled to solatium, interest on solatium and additional compensation as per the provisions of the Land Acquisition Act for the above said award amount of Rs.400/- per cent. No costs. Sd/Asst. Registrar/true copy/Sub Asst. RegistrarssvTo,The Subordinate Judge, Ranipet, Vellore. Copy to: The Section Officer, V.R.Section, High Court, Madras.1 CC To Mr.A.Seshan, Advocate, SR NO.424431 CC to the Government Pleader, SR NO.42308A.S.No.953 of 2001vsv(co)pmk/25.9.2008.