IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12.11.2010 CORAM THE HONOURABLE MR. JUSTICE M. VENUGOPAL A.S.No.375 of 2010 and M.P.No.1 of 2010 1. The Special Tahsildar (L.A), Chennai Export Processing Zone, Saidapet, Chennai-600 015. ... Appellant/ Referring Officer 2.The Development Commissioner, MEPZ, Kadaperi, Tambaram, Chennai-600 045. ... Appellant/2nd Respondent Vs. Parasurama Naidu ... Respondent/Claimant Appeal suit filed under Section 54 of the Land Acquisition Act, against the Judgment and Decree dated 31.08.2000 made in L.A.O.P.No.573 of 1987 on the file of the Learned Subordinate Judge, Poonamalle. For Appellants : Mr.V.Ravi, Special Govt. Pleader (AS) For Respondent : Mr.V.Manohar JUDGMENT The Appellants/Respondents have preferred this Appeal as against the Award dated 31.08.2000 in L.A.O.P.No.573 of 1987 passed by the Learned Subordinate Judge, Poonamalle. 2.The Government has declared an extent of land measuring 69.24 Acres situated in the Village of Kadaperi, Saidapet Taluk, in the registration Sub District of Tambaram, Chengalpattu District registered in the name or occupied by the persons to be needed for the Madras Export Processing Zone, established by SIPCOT as per pages 2 to 5 of Tamil Nadu Government Gazatte Part II Section 2 (Supplement) dated 23.04.1986. The true area of the land which is covered by the Award No.1/87 dated 08.04.1987 passed by the Land Acquisition Officer / Special Tahsildar is 9.29 Acres and a total compensation of Rs.2,07,883.65p has been awarded by the Land Acquisition Officer to the concerned Claimants. https://hcservices.ecourts.gov.in/hcservices/ 3.In L.A.O.P.No.573 of 1987, the Respondent/Claimant's land in Survey No.14/1A in Kadaperi Village, 0.72 Acres has been acquired by the Land Acquisition Officer and a compensation of Rs.16,066.85p has been awarded as total compensation. The Land Acquisition Officer has fixed the value per cent at Rs.145.85p and has awarded a sum of Rs.10,501.20p as compensation in respect of 0.72 Acres in Survey No.14/1A acquired from the Respondent/Claimant. A 30% solatium of Rs.3,150.36p has been awarded and 12% additional market value of Rs.2,415.28p has been awarded in respect of the periods from 09.05.1985 to 08.04.1987, and thus, a total compensation of Rs.16,066.85p has been awarded to the Respondent/Claimant. 4.Dissatisfied with the quantum of compensation fixed by the Land Acquisition Officer in respect of the acquired land at Rs.145.85p per cent as referred to supra and because of the objection made by the Respondent/Claimant, the Land Acquisition Officer has referred the Appeal to the Tribunal as per Section 18 of the Land Acquisition Act, 1894. 5.However, the Appellant/Referring Officer dissatisfied with the Award dated 31.08.2000 in L.A.O.P.No.573 of 1987 passed by the Tribunal in determining the market value of the acquired land per cent at Rs.4,875/- has preferred the present Appeal before this Court. 6.Earlier it is to be pointed out that in A.S.Nos.880 of 1990, 790 of 1991, 1196 to 1198 of 1990 between Special Tahsildar (Land Acquisition), MEPZ, Saidapet, Chennai-15 V. Kandhan, this Court in the Judgment dated 11.10.1999 has allowed the Appeals (arising out of L.A.O.P.No.566 of 1987, 573 of 1987, 569 of 1987, 571 of 1987, 572 of 1987 respectively) and remitted the matters to trial Court viz., Sub Court, Poonamalle for fresh disposal in accordance with law etc. 7.At this juncture, the Learned Special Government Pleader (AS) brings it to the notice of this Court that in A.S.Nos.1150 and 1151 of 2001 by a common judgment dated 23.04.2003 (DB) in the Special Tahsildar (LA), Chennai Export Processing Zone, Saidapet, Chennai 15 V. Ranganayagi, this Court has fixed the compensation at Rs.2,040/- per cent in the very same village. The paragraphs 2 and 4 of the aforesaid Judgment runs as follows: "2.The Learned Subordinate Judge has fixed the market value of the acquired land at Rs.6,500/- per cent. It is brought to our notice that in respect of the same acquisition for MEPZ, namely, Madras Export Processing Zone established by SIPCOT covered by the same 4(1) Notification or few days later thereof, this Court fixed the value of the acquired land at Rs.2,040/- per cent as seen from the pronouncement in Annmmal Vs. The Special Tahsildar, Land Acquisition, Madras reported in 2001-2 MLJ 82. https://hcservices.ecourts.gov.in/hcservices/ ... 4.Since it stated that the lands are identical, it is of the same tharam, it commands same facility and advantages, located in the same village and there being no difference at all, we adopt the value as fixed by the Division Bench at Rs.2,040/- per cent in these appeals. Both the appeals are allowed in part. Consequently, connected CMPs are dismissed. No costs." Since the present case pertaining to the Respondent/Claimant is covered by the Division Bench Judgment of this Court in A.S.No.1150 and 1151 of 2001 dated 23.04.2003 wherein this Court has determined the market value per cent at Rs.2,040/-, this Court applying the same fixed the compensation in respect of the acquired land pertaining to the Respondent/Claimant at Rs.2,040/- per cent together with statutory benefits to which the Respondent/Claimant is entitled to and accordingly, allows the Appeal in part, without costs. 8.The Learned Special Government Pleader (AS) is entitled to claim fees as per Rule 12 of Legal Practitioner's Fees Rules, 1973 based on the facts and circumstances of the instant case. 9.In the result, the Appeal is allowed in part without costs. Resultantly, the Award passed by the trial Court in L.A.O.P.No.573 of 1987 dated 31.08.2000 stands modified. Consequently, the connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar va To The Subordinate Judge, Poonamalle. Copy to: The Section Officer, V.R.Section, High Court, Madras. 1 cc to Mr.V.Manohar, Advocate, Sr.No.81425 1 cc to Government Pleader, Sr.No.81563 A.S.No.375 of 2010 and M.P.No.1 of 2010 VD {CO} TP/11.2.2011. https://hcservices.ecourts.gov.in/hcservices/