IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.01.2008 CORAM : THE HON’BLE MR. JUSTICE S.TAMILVANAN A.S.No.901 of 1996 N.Sudarsanam ..Appellant/claimant vs. 1. The Special Tahsildar (L.A) Naval Air Station Project Unit-I, Arakkonam. 2. Union of India Rep. by its Defence Estate Officer, Madras Circle,Chennai – 18. .. Respondents/Acqusition Officer (R2 impleaded vide order dated 31.01.2000 in C.M.P.No.9758 of 1999 by PSJ) Appeal filed against the Judgment and Decree, dated 16.12.1994 made in L.A.O.P.No.337 of 1991 on the file of the Land Acquisition Tribunal / Subordinate Judge, Ranipet. For Appellant : Mr. R.K.Ravindran For Respondents : Mr. V.Ravi, Spl.G.P.(AS) for R1 Mr.K.Balachandran, ACGSC for R2 JUDGMENT This appeal is directed against the Judgment and Decree, dated 16.12.1994 made in L.A.O.P.No.337 of 1991 on the file of the Land Acquisition Tribunal / Sub Court, Ranipet. 2. The appellant herein is the petitioner / claimant before the trial court. It is not in dispute that the land in S.No.348/4D measuring about 0.09.0 hectares (5½ cents) in Mosur Village, Arakkonam Taluk was acquired for the establishment of Naval Air Station Project at Arakkonam. It is not in dispute that for the acquisition of land, Notification under Section 4 (1) of the Land Acquisition Act was published in the Government Gazette on 29.07.1987 and the award was passed by the land acquisition office on 11.04.1988, whereby the market https://hcservices.ecourts.gov.in/hcservices/ value of the acquired land was fixed at Rs.6,800/- per acre and accordingly, total compensation awarded to the appellant / claimant was Rs.576.45/-. The said amount was received by the appellant under protest and at his request, the matter was referred, under Section 18 of the Land Acquisiton Act. 3. It is seen from the impugned Judgment that on the side of the appellant / claimant, the appellant was examined as C.W.1, apart from marking Exs.A.1 to A.4. On the side of the respondent / referring officer, the land acquisition officer was examined as R.W.1 and Exs.B.1 to B.3 were marked. Considering the oral and documentary evidence, the land acquisition Tribunal held that the market value of the acquired land at Rs.375/- per cent and accordingly, directed the respondent herein to pay compensation with 12% additional amount from the date of 4 (1) Notification till the date of the award / possession with 30% solatium and interest for one year at 9% per annum from the date of the award and 15% subsequent interest and costs. Aggrieved by which, the claimant in the L.A.O.P has preferred this appeal. 4. While the appeal was taken up for argument, learned counsel appearing for the appellant contended that in a similar matter, for the land acquired for the very same purpose of establishment of Naval Air Station at Arakkonam, compensation was finally fixed by a Division Bench of this Court by Judgment, dated 24.06.2004 made in A.S.No.933 of 1995, has enhanced the award passed in L.A.O.P.No.300 of 1991 and thereby fixed the market value of the acquired land at Rs.750/- per cent, instead of Rs.375/- per cent fixed by the land acquisition tribunal. In support of his contention, the learned counsel for the appellant produced a certified copy of the aforesaid Judgment of this Court, dated 24.06.2004. 5. The learned counsel appearing for the respondent had not disputed the fact that it is a covered Judgment, relating to L.A.O.P.No.300 of 1991, whereby, 2.80 acres in S.No.149 of Puliyamangalam Village, Arakkonam was acquired for the purpose of Naval Air Station, Arakkonam. From the sketch marked as Ex.R.1, it is seen that both the lands are similarly placed lands and also acquired for the very same purpose and therefore, it would be just and reasonable to award compensation at the same rate as per the Judgment rendered by the Division Bench of this Court. 6. In view of the Division Bench Judgment, dated 24.06.2004, made in A.S.No.933 of 1995, this Court is of the view to allow this appeal and fix the market value of the acquired land at Rs.750/- per cent, accordingly, the respondent is directed to pay compensation for the acquired 5 ½ cents land at the rate of Rs.750/- per cent to be paid with 12% additional amount from the date of 4 (1) Notification till the date of award and 30% solatium and interest at 9% for one year from the date of 4(1) Notification till the date of award and 15% interest for the subsequent period and proportionate costs. https://hcservices.ecourts.gov.in/hcservices/ 7. The appeal is disposed of on the above terms. Both the parties are directed to bear their respective costs in the appeal. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. Tsvn To 1. The Subordinate Judge, Ranipet. 2. The Section Officer, V.R.Section, High Court,Madras. +1cc to Mr.K.BalaChandran, Advocate SR.No.1108 +1cc to Govt Pleader Sr.No.1062 +1cc to M/S R.K.Ravindran, Advocate Sr.No.1509 A.S.No.901 of 1996 AKR(CO) rvr.05/05 https://hcservices.ecourts.gov.in/hcservices/