BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:21/01/2009
CORAM
THE HONOURABLE MR. JUSTICE S.TAMILVANAN
A.S.No.1339 of 1995
The Special Tahsildar,[Land Acquisition]
Tamil University,
Thanjavur. ... Appellant/Referring Officer
Vs
Rengayan ... Respondent/Claimant
PRAYER
This Appeal has been filed under Section 54 of the Land Acquisition Act,
against the judgment and decree of the learned Subordinate Judge of Thanjavur in
L.A.O.P.No.140 of 1983, dated the 27th day of July 1992.
!For Appellant ... Mr.Herold Sigh
Government Advocate (CS)
^For Respondent ... No appearance
:JUDGMENT
The appeal is preferred against the judgment and decree dated 27.07.1992
made in L.A.O.P.No.140 of 1983 on the file of the Land Acquisition Tribunal/Sub-
Court, Thanjavur.
2.As per the impugned judgment, it is seen that an extent of 2.78 acres of
land in Survey No.23/1 in Pillayarpatti village, Thanjavur District was acquired
by the appellant for the purpose of setting up Tamil University, Thanjavur.
3.It is seen that the appellant/Land Acquisition Officer had fixed the
market value of the acquired land at Rs.25/- per Cent. On the representation
made by the respondent/claimant, the same was referred under Section 18 of the
Land Acquisition Act. Before the Land Acquisition Tribunal, C.W.1 was examined
and the certified copy of the order dated 02.06.1983, passed by the Land
Acquisition Officer, Thanjavur, in L.A.O.P.No.146 of 1983, was marked as Ex.P1.
On the side of the appellant/respondent, R.W.1 was examined and the copy of the
joint sketch and a list of market value of the lands were marked as R1 and R2.
4.Considering the oral and documentary evidence and also the arguments
advanced by both sides, the learned trial Court/Land Acquisition Tribunal,
Thanjavur, passed an order fixing the market value of the acquired land at
Rs.80/- per Cent and also awarded 30% solatium, 12% additional amount for one
year from the date of award, 9% interest for one year and subsequent interest at
15% per annum. Aggrieved by which, this appeal has been preferred by the
Referring Officer/The Special Tahsildar [Land Acquisition Officer].
5.Mr.Herold Singh, Government Advocate [AS], submitted that the Land
Acquisition Tribunal, Thanjavur, has enhanced the compensation four times,
thereby fixed the market value at Rs.100 per Cent, though the land value was
fixed at Rs.25/- per Cent by the Land Acquisition Officer.
6.As per the evidence of P.W.1, though the acquired land is classified as
dry land, it is fit to be converted into house sites. Considering the favourable
location, the land was acquired for the purpose of housing Tamil University,
Thanjavur. Similarly, it is not in dispute that the respondent/claimant is
entitled to get compensation as awarded in the other land acquisition original
petitions relating to the similarly placed lands acquired for the very same
purpose.
7.It is not in dispute that the Land Acquisition Officer had fixed the
market value at a very meagre value of Rs.2500/- per acre. Based on Ex.P1, copy
of the order passed in the connected L.A.O.Ps, the Land Acquisition Tribunal has
fixed the market value of the acquired land at Rs.100/- per Cent, which cannot
be said as excessive or on the higher side. The learned Government Pleader has
not disputed the fact that the respondent/claimant is also entitled to get
compensation as that of the other claimants for the lands acquired from him.
8.Considering the evidence available on record, I am of the view that
there is no error or infirmity in the impugned award passed by the Court below
so as to warrant any interference of this Court.
9.In the result, the impugned judgment and decree passed by the
Subordinate Judge, Thanjavur, in L.A.O.P.No.140 of 1983 are confirmed and the
appeal is dismissed. However, no order as to costs.
er
To
1. The Subordinate Judge,
Thanjavur.
2. The Section Officer, VR Section,
Madurai Bench of Madras High Court,
Madurai.