1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM AS(MD)No.23 of 2011 and MP(MD)No.1 of 2011 Revenue Divisional Officer, Nagercoil. .. Appellant/Referring Officer Vs. T.Rathinasamy .. Respondent/Claimant Appeal Suit filed under section 54 of the Land Acquisition Act against the award dated 14.11.2008 passed in LAOP No.1 of 2000 by the Land Acquisition Tribunal/Principal Sub Court, Nagercoil. For Appellant : Mr.S.Kumar AGP., For Respondent : Mr.Belmant S.Swamy JUDGMENT The award dated 14.11.2008 passed in LAOP No.1 of 2000 by the Land Acquisition Tribunal /Principal Sub Court, Nagercoil is being challenged in the present appeal suit. 2. The appellant herein as Referring Officer has acquired the land comprised in Survey No.460/1B, Kanyakumari Village admeasuring 4 acre 49 cents and awarded a compensation of Rs.300/- per cent. Against the quantum of award fixed by the Referring Officer, a reference has been made under section 18 of the Land Acquisition Act, 1894 on the file of the Land Acquisition Tribunal/Principal Sub Court, Nagercoil and the same has been taken on file in LAOP No.1 of 2000. 3. The Land Acquisition Tribunal/Principal Sub Court, Nagercoil after considering the available evidence on record has fixed Rs.1,500/- per cent by way of compensation. Against the quantum of award passed by the Land Acquisition Tribunal, the present appeal suit has been filed at the instance of the Referring Officer as appellant. 4. The learned Additional Government Pleader has contended that the Land Acquisition Tribunal has fixed Rs.1,500/- per cent by way of compensation on the basis of Ex.C1 and the property which is mentioned in Ex.C1 is situate in Municipal limit and the property acquired is situate in village limit and therefore, the quantum of compensation fixed by the Land Acquisition Tribunal is totally erroneous and the same is liable to be set aside. 5. Per contra the learned counsel appearing for the respondent/claimant has contended that Ex.C1 has come into existence on 04.07.1986, wherein one cent of land has been sold at Rs.3,400/-. The Land Acquisition Tribunal without considering Ex.C1 has fixed https://hcservices.ecourts.gov.in/hcservices/ 2 compensation of Rs.1,500/- per cent on the basis of mere conjecture and surmise and therefore, the award passed by the Land Acquisition Tribunal is not proper. 6. As stated earlier, the appellant as Referring Officer has acquired the land in question for the purpose of formation of Chinnamuttam Fishing Harbour Project. The appellant/Referring Officer has awarded only Rs.300/- per cent. On the side of the respondent/claimant a vital document has been marked as Ex.C1. The Land Acquisition Tribunal has not at all considered the same. But the Land Acquisition Tribunal has fixed Rs.1,500/- per cent by way of compensation without any basis. 7. Considering the fact that the Land Acquisition Tribunal has fixed compensation without any basis, it is needless to say that the award passed by the Land Acquisition Tribunal is totally erroneous and the same is liable to be set aside and the matter is liable to be remitted to the file of the Land Acquisition Tribunal. 8. In fine, this appeal is allowed without cost. Connected Miscellaneous petition is closed and the award dated 14.11.2008 passed in LAOP No.1 of 2000 by the Land Acquisition Tribunal/Principal Sub Court, Nagercoil is set aside and LAOP No.1 of 2000 is remitted to the file of the Land Acquisition Tribunal/Principal Sub Court, Nagercoil. Both parties are entitled to adduce additional evidence if any. The Land Acquisition Tribunal/Principal Sub Court, Nagercoil is strictly directed to dispose of LAOP.No.1 of 2000 on the basis of available evidence before the end of August 2011 and report the same to the Registry without fail. mj Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To The Principal Subordinate Judge, Land Acquisition Tribunal, Nagercoil. +1 cc to Mr.R.Joseph Thankaraj, Advocate SR.No.20278. +1 cc to Special Government Pleader, SR.No.20197. AS(MD)No.23 of 2011 Dated:24.06.2011 2P/4C RPB 12.07.2011 https://hcservices.ecourts.gov.in/hcservices/