IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 02.08.2010 Coram : THE HONOURABLE MR.JUSTICE K.CHANDRU Appeal Suit No.1096 of 2007 Bangarammal .. Appellant/Claimant -vs- The Special Tahsildar (ADW), Namakkal .. Respondent/Land Acquisition Officer Appeal suit filed under section 54 of the Land Acquisition Act against the judgment and decree of the Sub Court, Namakkal dated 30.4.2002 in LAOP No.35 of 1991. For Appellant : Mr.A.Sivaji For respondent : Mr.V.Ravi, Spl.G.P(AS) JUDGMENT This is an appeal filed by the claimant as against the judgment and decree passed in LAOP No.35 of 1991 dated 30.4.2002 on the file of the Sub Court, Namakkal. 2. The land of the appellant was acquired for the purpose of providing house sites to Arunthathiars in Rasipuram. The land of the appellant was situated in Rasipuram Village, Rasipuram Taluk. On such acquisition, the acquiring authority fixed the compensation at the rate of Rs.16,201/- for 0.66.12 Cents in LAOP No.35 of 1991. The aggrieved appellant sought for higher compensation and hence the matter was referred to the decision by the Reference Court. In the present case the Sub Court, Namakkal. 3. Before the Reference Court LAOP Nos.35 and 36 of 1991 were tried together. On behalf of the claimants, three witnesses were examined including the appellant as C.W.3. On the side of the Government, no witnesses were examined and no documents were filed. On the side of the claimants, Ex.C.1 Sale Deed dated 18.12.1988 was filed. On the basis of these materials, the court https://hcservices.ecourts.gov.in/hcservices/ below came to the conclusion that the claimants are not entitled for higher compensation. As against the same, the present appeal was filed. 4. It is now brought to the notice of this Court that in similar cases arising from Chandrasekarapuram in the same Taluk, when similar orders are passed, the matter was referred to the Reference Court and the Reference Court fixed the market value in two Survey Numbers at Rs.5 and 4 per Sq.ft. The aggrieved land owner filed appeal before this Court A.S.No.149 of 1997 to set aside the judgment and decree of the Sub Court, Namakkal dated 25.10.1993. This Court, however did not enhance the amount. Thereafter, the land owner preferred Civil appeal No.6899 of 2002 in A.Vembusekaran vs. Special Tahsildar, Namakkal. The Supreme Court in page Nos.5 and 6 observed as follows: "Although, some of the land holders did not challenge the order passed by the Reference Court by filing appeal under Section 54(1) of the Act and only one of them could approach this Court. In view of our conclusion that the appellant is entitled to get compensation at Rs.10.25 per sq.ft., we are of the view that even those, who may not have been able to seek intervention of the High Court and this Court due to illiteracy, ignorance and financial incapacity should also get compensation at par with the appellant. Accordingly, we direct the Government of Tamil Nadu and its functionaries to pay compensation and other statutory benefits to other land holders at the same rate at which compensation etc. will be paid to the appellant herein. The respondent i.e., Special Tahsildar, Namakkal is directed to inform other land holders that in terms of this judgment, they have become entitled to receive higher compensation and other statutory benefits. The learned sub Judge, Namakkal shall also inform the land owners about their entitlement to receive higher compensation in lieu of acquisition of their land. The concerned authorities are directed to pay enhanced compensation and other statutory benefits to the appellant and other land holders through Sub-Judge, Namakkal in the form of bank drafts. The learned Sub- Judge is requested to ensure such of the land holders who do not have bank accounts are provided assistance to open bank account and the drafts made available by the concerned authority are deposited in their bank accounts." https://hcservices.ecourts.gov.in/hcservices/ 5. In the light of the same, the appeal will stand allowed and the order of the Reference Court will stand modified and the appellant is entitled to get compensation at the rate of Rs.10.25 per Sq.ft together with other statutory dues as ordered by the Supreme Court. However, there will be no order as to costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ajr To The Subordinate Judge, Namakkal +1cc to the Spl. Govt. Pleader Sr 56133 +1cc to Mr.A.Sivaji, Advocate SR 56404 NG(CO) km/27.8. A.S.No.1096 of 2007 https://hcservices.ecourts.gov.in/hcservices/