IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.07.2008 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN A.S.No.461 of 1998 and C.M.P.No.12638 of 1998 The Special Tahsildar (Land Acquisition) Tamil Nadu Housing Board Purasavakkam Chennai-31 .. Appellant/Referring Officer -vs- Dr.D. Samantakam .. Respondent/Claimant This appeal is filed under Section 54 of the Land Acquisition Act against the award passed in L.A.O.P.No.29 of 1994 by the learned VI Assistant Judge,City Civil Court, Chennai. For appellant : Mr. V.Ravi, Spl.Govt.Pleader(AS) and Mr. K.Chelladurai (Spl. Govt. Advocate for TNHB) For respondent: Ms. A.V.Bharathi, Advocate JUDGMENT This appeal arises out of an award passed in L.A.O.P.No.29 of 1994 on the file of the Land Acquisition Officer/VI Assistant Judge,City Civil Court, Chennai. Out of 115 Ground, the Tamil Nadu Housing Board has acquired 1292 sq.ft in Survey No.3190/22 for the purpose of constructing Housing Board Buildings. 2.The Land Acquisition Officer, after complying with all the formalities, later published Notification under Section 4(1) of Land Acquisition Act( hereinafter referred to as "the Act") etc, the Land Acquisition Officer has passed an award 3/92 dated 5.6.1992 fixing the compensation for one ground for the acquired land as Rs.1,50,000/-. Not satisfied with the compensation awarded by the Land Acquisition Officer, the claimant had filed her objection which was referred to the Land Acquisition Tribunal under Section 18 of the Act. https://hcservices.ecourts.gov.in/hcservices/ 3. Before the Land Acquisition Tribunal,claimant Dr.Samantakam had examined herself as C.W.1 and exhibited Exs C1 and C2 and on behalf of the Land Acquisition Officer one Mr.Sthala Sayanam, Special Tahsilar, (Tamil Nadu Housing) was examined as R.W.1 and Exs R1 to R3 were exhibited on the side of the Referring Officer. The land acquisition Officer, on the basis of the data land in S.NO.2914/3 dated 2.12.1988, had fixed the compensation as Rs.1,50,000/- per ground. Ex C1 is the award of the Land Acquisition Tribunal in L.A.O.P.No.37 of 1993 etc batch dated 10.10.1995. The sale deed dated 30.11.1988(Registered on 2.12.1988) relating to the data land was produced before the Land Acquisition Tribunal as Ex R1. Even though in Ex R1 sale consideration for one ground of land sold under the said document is stated to be Rs.50,000/- and the guide line value for one ground in the said S.No.2914/3 in Purasawalkam Village is stated to be Rs.1,50,000/-. The Land Acquisition Officer on the basis of Ex R1 has fixed the compensation for one ground as Rs.1,50,000/- for the lands acquired by the Tamil Nadu Housing Board under Award 3 of 1992. 4. But for the other Survey Number properties situate in Purasawalkam Village which was also acquired under the same Award 3 of 1992 by the Tamil Nadu Housing Board, a reference was made by the Land Acquisition Tribunal which was numbered as L.A.O.P.Nos.37/93, 38/93, 39/93, 41/93, 43/93, 47/93, 48/93, 20/93, 21/93, 22/93, 24/94, 25/94, 26/93, 26/94, 27/94, 28/94, 46/93 and 31/93 in which a joint trial was conducted by the Land Acquisition Tribunal and the same was disposed of on 10.10.1995 under a common Judgment which was exhibited as Ex C1 on the side of the claimant before the Tribunal. The learned Land Acquisition Tribunal, after taking into consideration the potentiality of the land acquired, has enhanced and fixed the compensation as Rs.6,40,000/- per ground on the basis of Ex C1. On the basis of Ex C1 dated 12.9.1988 which relates to S.No.3139 and also on the basis of Ex C2 dated 11.1.1989 in respect of S.No.3118/4 of Purasawalkam Village, the learned Land Acquisition Tribunal has enhanced and fixed the compensation as Rs.6,40,000/- per ground. 5. Aggrieved by the findings of the Land Acquisition Tribunal, L.A.O.P.Nos.37/93, 38/93,39/93,41/93, 43/93, 48/93, 47/93, 20/93, 21/93,22/93, 24/94, 25/94, 26/93, 26/94, 27/94, 28/94, 46/93 and 31/93 ie., Ex C1 Judgment, an appeal was preferred before this Court in A.S.Nos. 313 to 319,739 to 748 of 1997 and 465 of 2000 and the same was disposed of by this Court on 11.04.2003 wherein the award passed by the Land Acquisition Tribunal in Ex C1 was confirmed(Award passed in L.A.O.P.No.37 of 1993 etc Batch) dismissing the appeals preferred by the Special Tahsildar, Land Acquisition Unit III, Tamil Nadu Housing Board Schemes, Nandanam, Madras-35. Under such circumstances, it cannot be said that the award passed by the Land Acquisition Tribunal in L.A.O.P.No.29 of 1994 is exorbitant or against all canons of natural justice. 6. In fine, the appeal is dismissed confirming the award passed by the learned Tribunal in L.A.O.P.No.29 of 1994 on the file of learned VI,Assistant Judge, City Civil Court, Chennai. No costs. Connected C.M.P.is closed. This Court in C.M.P.No.12638 of 1998 has directed the appellant herein to deposit the entire award amount with accrued interest to the credit of L.A.O.P.No.29 of 1994 on the file https://hcservices.ecourts.gov.in/hcservices/ of VI Assistant Judge, City Civil Court, Chennai. If the said condition has been complied with by the appellant herein, then the respondent/claimant is entitled to withdraw the entire award amount with accrued interest without furnishing any security. If not, the appellant is directed to deposit the entire award amount with accrued interest as per Award in L.A.O.P.No.29 of 1994 within one month from the date of receipt of a copy of this order. Sd/- Assistant Registrar /true copy/ Sub Assistant Registrar sg To 1. The VI Assistant Judge, City Civil Court, Chennai 2. The Record Keeper, V.R.Section, High Court, Madras + 1 cc to Mr.A.V.Bharathi, Advocate SR No.34952 + 1 cc to Mr.K.Chelladurai, Advocate SR No.34906 + 1 cc to the government Pleader SR No.34681 A.S.NO.691 of 1998 RA(CO) JJM(04.07.08) https://hcservices.ecourts.gov.in/hcservices/