1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2010 CORAM: THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN A.S.(MD)No.35 of 2010 and M.P(MD)No.1 of 2010 A.S.(MD)No. 120 of 2010 and C.M.P.No.1137 of 2004 The Revenue Divisional Officer(L.A) Ramanathapuram ... Appellant in Both A.S./Referring Officer vs. 1.Jamal Mohammed .. 1st Respondent in A.S(MD)No.35 of 2010/Claimant 2.Karuppaiah .. 1st Respondent in A.S(MD)No.120 of 2010/Claimant 3.The Executive Engineer & Administrative Officer, Tamil Nadu Housing Board, Ramanathapuram. ... 2nd Respondent in Both A.S./Beneficiary COMMON PRAYER: Appeal Suits filed under Section 54 of the Land Acquisition Act, against the Judgments and Decrees of the Learned Subordinate Judge of Ramanathapuram in L.A.O.P.Nos.11 of 2002 and 12 of 1999 dated 28.07.2006 and 28.03.2002 respectively. For Appellant :Mr.M.Rajarajan Govt. Advocate For R-1 : Mr.S.Jayachandran (in A.S.35/10) For R-1 : Mr.Lawrance (in A.S.35/2010) For R-2 : Mr.A.Kannan (in A.S.35/10) COMMON JUDGMENT These appeals have been preferred by the Government against the award of the Tribunal enhancing the compensation Rs.1598/- to Rs.6,000/- per cent. 2. The facts of the case are as follows:- (i) The land comprised in survey No.332/2 measuring to an extent of 19 1/2 cents situated at Pattinamkathan, Ramanathapuram Taluk and District was acquired by virtue of under Section 4(1) Notification dated 05.04.1994. The Land Acquisition Officer determined the compensation at Rs.1598/-. The Tribunal relying upon Ex.C3 which is a Judgment passed in L.A.O.P.No.6 of 1999 on 28.08.2002 in similar reference in respect of the land comprised in survey No.341/4 of the same village namely Pattinamkathan, Ramanathapuram Taluk and District, following the same awarded Rs.6,000/- per cent as compensation. 3. Several lands were acquired in the same village resulting in filing of many L.A.O.Ps. In L.A.O.P.Nos.4 of 2000 and 2 of 2002 batch, compensation of Rs.6,000/- was awarded by the Tribunal in those matters. The claimants in those aforesaid L.A.O.Ps settled the issue with Tamil Nadu Housing Board and agreed to get compensation at Rs.5,000/- per cent. This Court also confirmed the compensation and granted Rs.5,000/- per cent based on the compromise in Appeal Suit Nos.7 to 9 and 155 of 2004 on 24.04.2009 and in A.S.No.144 of 2004 batch on 21.04.2008. In view of https://hcservices.ecourts.gov.in/hcservices/ 2 that, the Appeal Suit is partly allowed, reducing the compensation from Rs.6,000/- to Rs.5,000/- per cent. 4. However, the learned counsel for Housing Board brought to the notice of this Court that under Section 4(1) Notification was published in the local news paper only on 05.04.1994, whereas in the award passed by the Tribunal it has been wrongly referred the date as 16.03.1994 and therefore, he seeks correction of the date of the Section 4(1) Notification. A perusal of the award dated 03.04.1997 passed by the Land Acquisition Officer discloses that Section 4(1) Notification was published on 05.04.1994. Therefore, the interest to be paid to the claimants is from the actual date of Section 4(1) Notification dated 05.04.1994 and not from 16.03.1994. Except the correction in Section 4(1) Notification date, in all other aspects, the award of the Tribunal is confirmed. 5. The appeals are disposed of in the above terms. No costs. Sd/- Assistant Registrar (Crl. side) /True Copy/ Sub Assistant Registrar (C.S) To The Subordinate Judge, Ramanathapuram. + 1 cc to Mr.S.Jayachandran, Advocate, SR No.17596 + 1 cc to Mr.A.Kannan, Advocate, SR No.18107 + 1 cc to The Special Government Pleader, SR No.18197 A.S.(MD)No.35 of 2010 and M.P(MD)No.1 of 2010 A.S.(MD)No. 120 of 2010 and C.M.P.No.1137 of 2004 28.04.2010 SKN RJ/13.12.2010 2p/5c https://hcservices.ecourts.gov.in/hcservices/