Manimegalai vs The Special Tehsildar (Land ...

2) Brief facts:

8) An Award enquiry was undertaken by the respondent wherein appellant herein claimed compensation at the rate of Rs. 20,000/- per cent for the land acquired. The respondent herein, on the basis of a sale deed dated 15.04.1993, wherein an extent of 0.26 acres had been sold in Survey No. 294/A/1-B 16, proceeded to determine the value of the land at Rs. 400/- per cent. In pursuance of the same, the land measuring 4.63 acres was awarded a sum of Rs. 1,85,200/- along with 30% solatium to the tune of Rs. 55,560/- and 12% additional market value to the tune of Rs. 33,540/- thus totaling to Rs. 2,74,309/-. However, it was held that no severance compensation would be payable.

9) Aggrieved by the Award, the appellant sought for a Reference under Section 18 of the LA Act. The appellant thus made a Reference to the Court of Additional Subordinate 6 Judge, Chengalpattu which was numbered as LAOP No. 54 of 1995. The appellant herein submitted her claim statement on the file of LAOP No. 54 of 1995 contending that the compensation awarded by the respondent was grossly inadequate and abnormally low and did not reflect the correct market value of the lands and that the correct market value of the lands acquired was not less than Rs. 20,000/- per cent on the date of the Notification and that the acquired lands were situated in the midst of developed areas and is connecting the major big areas in the vicinity. LAOP No. 54 of 1995, which was pending on the file of learned Additional Subordinate Judge, Chengalpattu was transferred to the file of learned subordinate Judge, Madurantagam and re-numbered as LAOP No. 120 of 1998. Vide judgment and order dated 27.03.2000, learned subordinate Judge, granted compensation to the appellant herein at the rate of Rs. 2,500/- per cent together with 30% solatium, 12% additional amount from the date of Notification which was reduced to Rs. 1,670/- per cent with solatium and other statutory benefits by learned single Judge 7 of the High Court in appeal vide judgment and order dated 06.11.2009.

As the acquisition of land is for house sites, the non acceptance of value of the house site and acceptance of the value of agricultural land in S.No. 294, is not acceptable. The sale deeds Exh.A-1 to A-4 submitted on behalf of the claimant are relating to the lands in S.No. 323, 325 and 326, situate adjacent to National Highway and the value of those lands are more than Rs. 4,000/- per cent which has been accepted by the government itself, as market value while registering the document. As the government has accepted Rs. 4,000/- per cent as market value, the valuation for the acquired land at the rate of Rs. 400/- per cent is very low. The acquired lands are situated 2 or 3 survey numbers away from the lands relating to the survey numbers in Exh. A-1 to A-4. Even though the valuation of the acquired land cannot be fixed as stated in those sale deeds, it could be fixed to its potential at the rate of Rs. 2,500/- per cent as compensation to the claimants.”

We set aside the order passed by the High Court dated 06.11.2009 and restore the order passed by the Reference Court dated 27.03.2000. Consequently, Civil Appeal No. 2294 of 2011 arising out of A.S. No. 88 of 2001 before the High Court is allowed and Civil Appeal No. 2295 of 2011 arising out of Cross Objection No. 27 of 2007 before the High Court is dismissed with no order as to costs.

APRIL 16, 2018.