IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2008 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN A.S.Nos.645 of 2001 The Special Tahsildar, (Land Acquisition), BHEL Unit, Ranipet .. Appellant/Referring Officer -vs- 1.Munisamy (Died) 2.Kasinathan .. Respondents/Claimants (R2 has been brought on record as LR of the deceased R1 vide order of the court dt 8.6.2001 in CMPs.7601 to 7603 of 2001) Prayer:- This Appeal has been filed under Section 54 of the Land Acquisition Act against the award passed in L.A.O.P.No.276 of 1984 by the learned Additional Subordinate Judge, Vellore, dated 25.06.1991. For appellant : Mr.V.Ravi, Spl.Govt.Pleader For respondents : Mr.A.Palaniappa, Advocate (For R2) JUDGMENT This appeal has been preferred against the decree and judgment in LAOP.No.276 of 1984 on the file of the Court of Subordinate Judge, Vellore. 2.The Government have acquired 1 acre 67 cents of land in S.No.348/6 in Narasingapuram Village for the purpose of providing boiling accessories project of BHEL, Ranipet. 3.The Land Acquisition Officer after following the formalities had published a notice in Tamil Nadu Government gazette under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'the Act') on 25.02.1981, and passed an award fixing the compensation for the land acquired at the rate of Rs.2/- per cent (Rs.200/- per acre) Aggrieved by the Award passed by the Land Acquisition Officer, the claimant had filed his objections before the Land Acquisition Officer, who in turn had referred the same under Section 18 of the Land Acquisition Act to the Land Acquisition Tribunal. https://hcservices.ecourts.gov.in/hcservices/ 4.Before the Land Acquisition Tribunal the claimant was examined as C.W.1 and Ex.C.1 & Ex.C.2 were marked on the side of the claimant. On the side of the respondent / Referring Officer the Special Tahsildar was examined as R.W.1 and the plan was marked as Ex.R.1. After going through the available evidence both oral and documentary, the Land Acquisition Tribunal has enhanced the compensation and fixed as Rs.15/- per cent. Aggrieved by the findings of the Land Acquisition Tribunal this appeal has been preferred by the Government. 5.Heard the learned Special Government Pleader appearing for the appellant, who would fairly state that the Land Acquisition Tribunal has enhanced and fixed the compensation as Rs.15/- per cent on the basis of Ex.C.2, the judgment in LAOP.No.279 of 1984 dated 3.9.1990, wherein also the claimants have objected to the award passed by the Land Acquisition Officer in respect of the land acquired by the Government, which is actually situated near the land acquired under this award. Further, the learned Special Government Pleader would represent that Ex.C.2, judgment in LAOP.No.276 of 1984 has reached finality and there was no appeal preferred against the award passed under the said LAOP, which was taken as yardstick for fixing the compensation for the land acquired herein by the Land Acquisition Tribunal. Under such circumstance, there is absolutely no material placed before this Court by the appellant to interfere with the judgment of the Land Acquisition Tribunal in LAOP.No.276 of 1984 on the file of the Additional Subordinate Judge, Vellore. 6.In fine, the appeal fails and the same is hereby dismissed confirming the judgment in LAOP.No.276 of 1984 on the file of the Additional Subordinate Judge, Vellore. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ssv To The Additional Subordinate Judge, Vellore. Copy to: The Section Officer, V.R.Section, High Court, Madras. A.S.No.645 of 2001 PA(CO) PMK/10.9.2008. https://hcservices.ecourts.gov.in/hcservices/