IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.08.2008 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN A.S.No.690 of 2001 The Special Tahsildar-I Land Acquisition, SIPCOT, Cuddalore .. Appellant/Referring Officer -vs- Govindachettiar .. Respondent/Claimant This appeal is filed under Section 54 of the Land Acquisition Act. against the award passed in L.A.O.P.No.427 of 1983 by the learned Additional Subordinate Judge, Cuddalore dated 31.10.1990. For appellant : : Mr. V.Ravi, Spl.Govt.Pleader For respondent: : Mr.R.Subramanian,Advocate JUDGMENT
This appeal has been directed against the award in L.A.O.P.No.427 of 1983 on the file of the Court of Additional Subordinate Judge, Cuddalore. The Government/Referring Officer is the appellant herein. The Land Acquisition Officer has acquired the land belonging to the claimant in S.No.62/2 measuring 2.56.0 Hectares of land in Pachayankuppam Village, Cuddalore for the purpose of providing house sites for the landless poor people belonging to Adi Dravida Community. After observing formalities, the Land Acquisition Officer had published notification under Section 4(1) of the Land Acquisition Act on 27.7.1982,the learned Land Acquisition Officer has passed an Award 13/83 dated 1.8.1983 fixing the compensation as Rs.4,500/- per acre ie., Rs.45/- per cent. Aggrieved by the findings of the learned Land Acquisition Officer, the claimant had filed his objection before the Referring Officer, who had referred the same to the learned Land Acquisition Tribunal under Section 18 of the Land Acquisition Act.
2. Before the Land Acquisition Tribunal,the claimant has examined himself as C.W.1 and the Special Tahsildar/Referring Officer in L.A.O.P.No.427 of 1983 was examined as R.W.1 and Special Tahsildar/Referring Officer in L.A.O.P.No.62 of 1984 was examined as R.W.2 and Special Tahsildar/Referring Officer in L.A.O.P.No.100 of 1986 was examined as R.W.3. On theside of the claimant, Exs C1 to C3 were marked. After carefully going through the evidence both oral and documentary, the learned Land Acquisition Tribunal has enhanced the compensation awarded by the Land Acquisition Officer from Rs. 45/- per cent to Rs.200/- per cent. Against which, the present appeal has been preferred by the /Referring Officer.
3. Now the point for determination in this appeal is whether the award passed by the land Acquisition Tribunal in L.A.O.P.No.427 of 1983 is liable to be set aside for the reasons stated in the memorandum of appeal?
4. Heard the learned Special Government Pleader appearing for the appellant/Referring Officer and the learned counsel appearing for the respondent/Claimant and considered their respective submissions.
5. The Point:
It is brought to the notice of this Court that the learned Land Acquisition Tribunal has not only disposed of L.A.O.P.No.427 of 1983 on the date of disposal of the said L.A.O.P. but also jointly heard and disposed of other two L.A.O.Ps viz., L.A.O.P.No.62 of 1984 and L.A.O.P.No.100 of 1986. By way of a common Judgment, the above said L.A.O.Ps have been disposed of by the learned Land Acquisition Tribunal. It is brought to the notice of this Court that as against the Judgment in L.A.O.P.No.62 of 1984, the Government have preferred an appeal in A.S.No.556 of 1993 and also the claimant in L.A.O.P.No.62 of 1984 viz., Govindachettiar, who is also the claimant in L.A.O.P.No.427 of 1983, has preferred cross objection No.116 of 1997 against the Judgment in L.A.O.P.No.62/1984. A Bench of this Court, after hearing both A.S.No.556 of 1993 and Cross Objection No.116 of 1997 has dismissed both appeal as well as the cross objection holding that the compensation fixed by the learned Land Acquisition Tribunal as Rs.200/- per cent cannot be enhanced as claimed by the claimant in the Cross Objection as Rs.250/- per cent on the basis of Ex A3 because Ex A3 Sale deed is dated 15.11.1983 under which 90 cents have been sold at the rate of Rs.250/- per cent which works out Rs.25,000/- per acre. The reasoning stated by the Bench of this Court for rejecting Ex A3 is that the said document Ex A3 is about 16 months after 4(1) Notification which was published on 27.7.1992. The learned Land Acquisition Tribunal, after taking into consideration, the potentiality of the land ie., acquired land is situate amidst of Kudikadu Village and the Government has acquired the land for the purpose of formation of SIPCOT Industrial Complex for the South Arcot District and also taking into consideration that the land acquired is situate just one kilometer away from Cuddalore old town and also situate nearer to Premier Fertilizers Factory, has enhanced the award of Rs.45/- per cent fixed by the learned Land Acquisition Officer to Rs.200/- per cent. The Bench of this Court , after considering the above said aspects, has come to a conclusion that there is no material to further enhance the compensation awarded by the learned Land Acquisition Tribunal has dismissed the cross objection and also dismissed the appeal preferred by the Government in L.A.O.P.No.556 of 1993 on the ground that there is no data land produced by the Government covering the relevant period to reduce the compensation awarded by the Land Acquisition Tribunal. It is pertinent to note at this juncture that as against the Judgment in L.A.O.P.No.427 of 1983, only the Government has preferred this appeal and no cross objection was filed by the claimant Govindachettiar in L.A.O.P.No.427 of 1983. Hence I hold on the point that the award passed in L.A.O.P.No.427 of 1983 on the file of Court of Additional Subordinate Judge, Cuddalore need not be set aside for the reasons stated in the memorandum of appeal. Point is answered accordingly.
6. In fine, the appeal is dismissed confirming the award passed by the learned Tribunal in L.A.O.P.No.427 of 1983 on the file of learned Additional Subordinate Judge,Cuddalore. No costs. Time for deposit of the award amount is one month.
04.08.2008
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To
1. The Additional Subordinate Judge, Cuddalore
2. The Record Keeper, V.R.Section, High Court, Madras
A.C.ARUMUGAPERUMAL ADITYAN,J
sg
A.S.NO.690/2001
04.08.2008
04.08.2008
A.S.NO 501/1996
12.10.2006