Disposed

The Land Acquisition Officer v. Jothi Kumar

Madras HC11 Oct 2017AS/168/2004

Case brief

AI extract

What is this about?

Compensation for land acquired for a housing colony was enhanced to the rate approved by the Supreme Court for similarly placed landowners under the same acquisition. The court disposed of the appeal and cross-objections, retained statutory benefits and confirmed the other reliefs granted by the Reference Court.

What did the court decide?

Compensation enhanced with other statutory benefits; other reliefs granted by the Reference Court confirmed.

The Land Acquisition Officer Vs Jothi Kumar — Land Acquisition | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 11.10.2017

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Coram

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THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN

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AND

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THE HONOURABLE Mr. JUSTICE P.VELMURUGAN

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A.S.No.168 of 2004 & C.M.P.No.5553 of 2004

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and

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Cross Objection Nos.13, 20, 21, 22, 23, 24, 25 & 39 of 2005
Cross Objection No.90 of 2010

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A.S.No.168 of 2004

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The Land Acquisition Officer and
Special Tahsildar,
(Land Acquisition),
Housing Scheme - III,
Coimbatore. .. Appellant
Vs.
1 JOTHI KUMAR
2 D.BALASUNDARAM

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3 E.RAMAKRISHNAN
4 RANGANAYAGIAMMAL (DECEASED)
5 N.KAMALAMMAL (DECEASED)

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6 SAVITHIRI 7 RAJALAKSHMI 8 SANDHAMANI 9 SUBBURATHINAM 10 RAJAM POORANACHANDRAN 11 MEENAKSHI 12 R.ANDAL 13 SELVI KALPANA 14 N.VIJAYALAKSHMI 15 G.GURUSAMY (DECEASED) 16 G.RAMAKRISHNAN

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http://www.judis.nic.in

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17 G.SOUNDARARAJAN

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(R16 & R17 BROUGHT ON RECORD AS LRS OF THE

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DECEASED 15TH RESPONDENT VIDE ORDER

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OF THE COURT DATED 28.11.2006 MADE IN C.M.P.NO.10486 OF 2006 IN AS NO.168/2004)

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18 G.BACKIAM 19 G.JEYAMANI 20 D.DURAIRAJ 21 D.BALA SUNDARAM 22 D.RAMACHANDRAN 23 D.INDIRA 24 K.SREEDHARAN NAYAR,

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S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004,

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REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004.

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25 SAROJINI 26 R.VENKATESAN 27 SANDHANMANI 28 HEMALATHA (DECEASED) 29 THE EXECUTIVE ENGINEER, A.T.O

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TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE, 30 SHANTHA DEVEI 31 V. JAGADEESAN 32 SUMITRA DEVI

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33 R. HAMSA VENI

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34 V. BALASUNDARAM

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(R30 TO R34 BROUGHT ON RECORD AS LRS OF THE DECEASED 4TH RESPONDENT VIDE ORDER

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http://www.judis.nic.in

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OF THE COURT DATED 27.06.2005 MADE IN C.M.P.NO.9646 OF 2005 IN AS NO.168/2004)

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35 C. SIVASUBRAMANIAN

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36 DR.A. CORNELIUS MANOHARAN

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37 S. DURAISAMY

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REP. BY POWER OF ATTORNEY MRS.I. JOAN 38 K.A. MARIMUTHU

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39 MRS. SAHAYA NIRMALA RANI PETER

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40 K. RAGHAVAN

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41 KRISHNAMOORTHY

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REP. BY POWER OF ATTORNEY MS. E. MEENA 42 K. SOMASKANDAN

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43 K.P. SUNDARAM

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REP. BY POWER OF ATTORNEY MS. SUDHA RAJAGOPAL 44 K. SETHURAMAN

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45 S.G. VADIVELU

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46 V. SUBRAMANIAN

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47 K.M. NITHYANANTHAN

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48 K. ETHIRAJAN

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49 WING COMMANDER

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(R35 TO R49 IMPLEADED AS PARTY RESPONDENTS

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VIDE ORDER OF THE COURT DATED 28.11.2006 MADE IN C.M.P.NOS.10512 TO 10526 OF 2006 IN AS NO.168/2004)

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50 RAJUMOHAN

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51 G. KASIRAMAN

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52 D. NARAYANAMOORTHY

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53 R. SUBRAMANIAN REP. BY POWER OF ATTORNEY B. VASANTHAKUMARI, HIG B-16, HUDCO COLONY GANAPATHY, BLOCK XI, MURUGAN NAGAR, VK ROAD, PEELAMEDU, COIMBATORE.

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54 V. VENKATARAMANI

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55 M. RAJANGAM

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56 SOBINIKUTTY, REP. BY POWER OF ATTORNEY G. VIJAYARAGHAVAN, HIG B-19 HUDCO COLONY, GANAPATHY BLOCK, XI MURUGAN NAGAR, VK ROAD, PEELAMEDU, COIMBATORE.

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http://www.judis.nic.in

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¶58

(R50 TO R56 IMPLEADED AS PARTY RESPONDENTS VIDE ORDER OF THE COURT DATED 12.12.2007 MADE IN C.M.P.NOS.456 TO 462 OF 2007 IN AS NO.168/2004)

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57 J. SAROJA 58 R. LAKSHMINARAYANAN 59 L. KRISHNAKUMAR 60 MINOR. R.L. VIJAYASHANKARAN, REP. BY FATHER AND GUARDIAN, MR.R. LAKSHMINARAYANAN ALL ARE RESIDING AT D.NO. 16AB/11-1, ANNA NAGAR, PEELAMEDU, COIMBATORE 641 004. 61 G. SRINIVASAN 62 S. RANGANATHAN 63 V. SARADA DEVI 64 S. VENKATESWARAN ( RR 57, 58 TO 60 AND 61 TO 64 BROUGHT ON RECORD AS LRS OF THE DECEASED R31 R28 & R5 RESPECTIVELY VIDE ORDER OF COURT DT.27/03/2017 & 28/03/2017 MADE IN CMP NOS.1881 TO 1883/2010, CMP NOS.287 TO 289/2014, CMP NOS. 1322 TO 1324/2009 IN AS NO.168/2004) 65 B. AMIRTHAM 66 B. SATHISH AALWAR 67 B. MAHARAJ 68 MANJU (68th respondent represented by her Power Agent Smt.B.Amirtham)

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.. Respondents

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Prayer in A.S.No.168 of 2004 : Appeal Suit filed under Section 54 of the Land Acquisition Act to set-aside the decree passed in L.A.O.P.No.129 of 1986, dated 30.04.2003 on the file of I Additional Subordinate Judge, Coimbatore. * * *

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http://www.judis.nic.in

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¶64

Cross Objection No.13 of 2005

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1.SAROJINI 2.R.VENKATESAN

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.. Cross Objectors / Respondents 25 & 26

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Vs.

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1.THE LAND ACQUISITION OFFICER & SPECIAL TAHSILDAR, (LAND ACQUISITION), HOUSING SCHEME - III, COIMBATORE.

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2 JOTHI KUMAR

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3 D.BALASUNDARAM

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4 E.RAMAKRISHNAN

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5 RANGANAYAGIAMMAL (Deceased)

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6 N.KAMALAMMAL (Deceased)

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7 SAVITHIRI

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8 RAJALAKSHMI

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9 SANDHAMANI

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10 SUBBURATHINAM

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10 RAJAM POORANACHANDRAN

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12 MEENAKSHI

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13 R.ANDAL

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14 SELVI KALPANA

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15 N.VIJAYALAKSHMI

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16 G.GURUSAMY (Deceased)

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R17 & R18 already brought on record as LRs of the deceased R16 vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

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17 G.RAMAKRISHNAN 18 G.SOUNDARARAJAN

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19 G.BACKKIAM

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20 G.JEYAMANI

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21 D.DURAIRAJ

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22 D.BALA SUNDARAM

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23 D.RAMACHANDRAN

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http://www.judis.nic.in

¶92

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24 D.INDIRA 25 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004,

¶94

REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004.

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SANDHANMANI 27. HEMALATHA (Deceased) 28. THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE

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R5 Ranganayagiammal (Deceased)

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29 Shantha Devi 30 V.Jagadeesan (Deceased) 31 Sumithra Devi 32 R.Hamsa Veni 33 V.Balasundaram (Deceased)

¶98

R29 to R33 brought on record as LRS of the deceased 5th respondent viz., Ranganayagiammal vide order of Court dated 11.10.2017 made in Cross Objection Nos.13, 20, to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶99

R6 N.Kamalammal (Deceased)

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34 G.Srinivasan 35 S.Ranganathan 36 V.Sarada Devi 37 S.Venkateswaran

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http://www.judis.nic.in

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¶103

R34 to 37 brought on record as LRs of the deceased 6th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶104

R30 V.Jagadeesan (Deceased)

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38 J.Saroja

¶106

R 38 brought on record as LRs of the deceased 31st respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶107

R27 Hemalatha (Deceased)

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39 R.Lakshminarayanan 40 L.Krishnakumar 41 Minor R.L.Vijayasahnkaran

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Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶110

R 39 to 41 brought on record as LRs of the deceased 27th respondent viz., Hemalatha vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶111

R33 V.Balasundaram (Deceased)

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42 B.Amirthan 43 B.Sathish Aalwar 44 B.Maharaj 45 Manju

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(45th respondent rep. by her Power Agent Smt.Amirtham)

¶114

R42 to 45 brought on record as LRS of the deceased 34th respondent viz., V.Balasundaram vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶115

.. Respondents

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http://www.judis.nic.in

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Cross Objection No.20 of 2005

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N.KAMALAMMAL (DECEASED)

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1 G. SRINIVASAN

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2 S. RANGANATHAN 3 V. SARADA DEVI 4 S. VENKATESWARAN

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.. Cross Objectors / Respondents 61 to 64

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(Cross Objectors 1 to 4 brought on record as
LRs of the deceased Cross Objector / 5th respondent
vide order of the Court dated 28.03.2017
made in C.M.P.Nos.1123 to 1125 of 2009 in
Cross Objection No.20 of 2005 in
A.S.No.168 of 2004)

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Vs.
1.THE LAND ACQUISITION OFFICER &
SPECIAL TAHSILDAR,
(LAND ACQUISITION),
HOUSING SCHEME - III,
COIMBATORE.

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2 JOTHI KUMAR
3 D.BALASUNDARAM

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4 E.RAMAKRISHNAN
5 RANGANAYAGIAMMAL (Deceased)

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6 SAVITHIRI

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7 RAJALAKSHMI

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8 SANDHAMANI

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9 SUBBURATHINAM

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10 RAJAM POORANACHANDRAN

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11 MEENAKSHI 12 R.ANDAL

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13 SELVI KALPANA 14 N.VIJAYALAKSHMI 15 G.GURUSAMY (Deceased)

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R16 & R17 already brought on record as LRs of the deceased R15 vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

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http://www.judis.nic.in

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¶138

16 G.RAMAKRISHNAN 17 G.SOUNDARARAJAN 18 G.BACKKIAM 19 G.JEYAMANI 20 D.DURAIRAJ 21 D.BALA SUNDARAM 22 D.RAMACHANDRAN 23 D.INDIRA 24 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004, REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004. 25. SAROJINI 26. R.VENKATESAN 27. SANTHAMANI 28. HEMALATHA (Deceased) 29. THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE

¶139

R5 Ranganayagiammal (Deceased)

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30 Shantha Devi 31 V.Jagadeesan (Deceased) 32 Sumithra Devi 33 R.Hamsa Veni 34 V.Balasundaram (Deceased)

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R30 to R34 brought on record as LRS of the deceased 5th respondent viz., Ranganayagiammal vide order of Court dated 11.10.2017 made in Cross Objection Nos.13, 20, to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

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http://www.judis.nic.in

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¶144

R31 V.Jagadeesan (Deceased)

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35 J.Saroja

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R 35 brought on record as LRs of the deceased 31st respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶147

R28 Hemalatha (Deceased)

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36 R.Lakshminarayanan 37 L.Krishnakumar

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38 Minor R.L.Vijayasahnkaran

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Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶151

R 36 to 38 brought on record as LRs of the deceased 28th respondent viz., Hemalatha vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶152

R34 V.Balasundaram (Deceased)

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39 B.Amirthan 40 B.Sathish Aalwar

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41 B.Maharaj

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42 Manju

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(42nd respondent rep. by her Power Agent Smt.Amirtham)

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R39 to 42 brought on record as LRS of the deceased 34th respondent viz., V.Balasundaram vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶158

.. Respondents

¶159

¶160

http://www.judis.nic.in

¶161

¶162

Cross Objection No.21 of 2005

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E.RAMAKRISHNAN

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.. Cross Objector / 3rd Respondent

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Vs.

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1.THE LAND ACQUISITION OFFICER & SPECIAL TAHSILDAR, (LAND ACQUISITION), HOUSING SCHEME - III, COIMBATORE.

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2 JOTHI KUMAR

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3 D.BALASUNDARAM

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4 RANGANAYAGIAMMAL (Deceased) 5 N.KAMALAMMAL (Deceased)

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6 SAVITHIRI

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7 RAJALAKSHMI

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8 SANDHAMANI

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9 SUBBURATHINAM

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10 RAJAM POORANACHANDRAN

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11 MEENAKSHI

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12 R.ANDAL

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13 SELVI KALPANA

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14 N.VIJAYALAKSHMI

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15 G.GURUSAMY (Deceased)

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16 G.RAMAKRISHNAN 17 G.SOUNDARARAJAN

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18 G.BACKKIAM

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19 G.JEYAMANI

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20 D.DURAIRAJ

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21 D.BALA SUNDARAM

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22 D.RAMACHANDRAN

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23 D.INDIRA

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24 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR,

¶189

http://www.judis.nic.in

¶190

¶191

PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004,

¶192

REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004. 25. SAROJINI 26. R.VENKATESAN 27. SANTHAMANI 28. HEMALATHA (Deceased) 29. THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE

¶193

R4 Ranganayagiammal (Deceased)

¶194

30 Shantha Devi 31 V.Jagadeesan (Deceased) 32 Sumithra Devi 33 R.Hamsa Veni 34 V.Balasundaram (Deceased)

¶195

R30 to R34 brought on record as LRS of the deceased 4th respondent viz., Ranganayagiammal vide order of Court dated 11.10.2017 made in Cross Objection Nos.13, 20, to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶196

R5 N.Kamalammal (Deceased) 35 G.Srinivasan 36 S.Ranganathan 37 V.Sarada Devi 38 S.Venkateswaran

¶197

http://www.judis.nic.in

¶198

¶199

R35 to 38 brought on record as LRs of the deceased 5th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶200

R31 V.Jagadeesan (Deceased)

¶201

39 J.Saroja

¶202

R 39 brought on record as LRs of the deceased 31st respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶203

R28 Hemalatha (Deceased)

¶204

40 R.Lakshminarayanan 41 L.Krishnakumar 42 Minor R.L.Vijayasahnkaran

¶205

Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶206

R 40 to 42 brought on record as LRs of the deceased 28th respondent viz., Hemalatha vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶207

R34 V.Balasundaram (Deceased)

¶208

43 B.Amirthan 44 B.Sathish Aalwar 45 B.Maharaj 46 Manju

¶209

(46th respondent rep. by her Power Agent Smt.Amirtham)

¶210

R43 to 46 brought on record as LRS of the deceased 34th respondent viz., V.Balasundaram vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶211

.. Respondents

¶212

¶213

http://www.judis.nic.in

¶214

¶215

Cross Objection No.22 of 2005

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G.GURUSAMY (Deceased)

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.. Cross Objector / 15th respondent

¶218

R16 viz., 16 G.RAMAKRISHNAN & R17 viz., G.SOUNDARARAJAN transposed as Cross Objectors 2 and 3 vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶219

¶220

1.THE LAND ACQUISITION OFFICER & SPECIAL TAHSILDAR, (LAND ACQUISITION), HOUSING SCHEME - III, COIMBATORE.

¶221

2 JOTHI KUMAR

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3 D.BALASUNDARAM

¶223

4 E.RAMAKRISHNAN

¶224

5 RANGANAYAGIAMMAL (Deceased)

¶225

6 N.KAMALAMMAL (Deceased)

¶226

7 SAVITHIRI

¶227

8 RAJALAKSHMI

¶228

9 SANDHAMANI

¶229

10 SUBBURATHINAM

¶230

11 RAJAM POORANACHANDRAN

¶231

12 MEENAKSHI

¶232

13 R.ANDAL 14 SELVI KALPANA 15 N.VIJAYALAKSHMI 16 G.RAMAKRISHNAN (TRANSPOSED AS CROSS OBJECTOR NO.2) 17 G.SOUNDARARAJAN (TRANSPOSED AS CROSS OBJECTOR NO.3)

¶233

vide order dated 11.10.2017 made in Cross

¶234

Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶235

18 G.BACKKIAM

¶236

19 G.JEYAMANI

¶237

http://www.judis.nic.in

¶238

¶239

20 D.DURAIRAJ 21 D.BALA SUNDARAM 22 D.RAMACHANDRAN 23 D.INDIRA 24 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004,

¶240

REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004.

¶241

SROJINI 26. R.VENKATESAN

¶242

SANDHANMANI

¶243

HEMALATHA (Deceased)

¶244

THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE

¶245

R5 Ranganayagiammal (Deceased)

¶246

30 Shantha Devi 31 V.Jagadeesan (Deceased) 32 Sumithra Devi 33 R.Hamsa Veni 34 V.Balasundaram (Deceased)

¶247

¶248

http://www.judis.nic.in

¶249

¶250

R6 N.Kamalammal (Deceased)

¶251

35 G.Srinivasan 36 S.Ranganathan 37 V.Sarada Devi 38 S.Venkateswaran

¶252

R35 to 38 brought on record as LRs of the deceased 6th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶253

R31 V.Jagadeesan (Deceased)

¶254

39 J.Saroja

¶255

R 39 brought on record as LRs of the deceased 31st respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶256

R28 Hemalatha (Deceased)

¶257

40 R.Lakshminarayanan 41 L.Krishnakumar 42 Minor R.L.Vijayasahnkaran

¶258

Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶259

¶260

R34 V.Balasundaram (Deceased)

¶261

43 B.Amirthan 44 B.Sathish Aalwar 45 B.Maharaj 46 Manju

¶262

(46th respondent rep. by her Power Agent Smt.Amirtham)

¶263

http://www.judis.nic.in

.. Respondents

Cross Objection No.23 of 2005
1. G.GURUSAMY .. Cross Objector /
(Deceased) 15th Respondent
2 G.RAMAKRISHNAN
3 G.SOUNDARARAJAN
Cross Objectors 2 & 3 already on record as LRS of the deceased 1st Cross
Objector vide order dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39
of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.
4. G.JEYAMANI .. Cross Objector /
19th Respondent
Vs.
1.THE LAND ACQUISITION OFFICER &
SPECIAL TAHSILDAR,
(LAND ACQUISITION),
HOUSING SCHEME - III,
COIMBATORE.
2 JOTHI KUMAR
3 D.BALASUNDARAM
4 E.RAMAKRISHNAN
5 RANGANAYAGIAMMAL (Deceased)
6 N.KAMALAMMAL (Deceased)
7 SAVITHIRI
8 RAJALAKSHMI
9 SANDHAMANI

¶269

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¶270

¶271

10 SUBBURATHINAM 11 RAJAM POORANACHANDRAN 12 MEENAKSHI 13 R.ANDAL 14 SELVI KALPANA 15 N.VIJAYALAKSHMI 16 G.BACKKIAM 17 D.DURAIRAJ 18 D.BALA SUNDARAM 19 D.RAMACHANDRAN 20 D.INDIRA 21 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004, REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004. 22. SROJINI 23. R.VENKATESAN 24. SANDHANMANI 25. HEMALATHA (Deceased) 26. THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE R5 Ranganayagiammal (Deceased)

¶272

27 Shantha Devi 28 V.Jagadeesan (Deceased) 29 Sumithra Devi 30 R.Hamsa Veni 31 V.Balasundaram (Deceased)

¶273

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¶274

¶275

R27 to R31 brought on record as LRS of the deceased 5th respondent viz., Ranganayagiammal vide order of Court dated 11.10.2017 made in Cross Objection Nos.13, 20, to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶276

R6 N.Kamalammal (Deceased)

¶277

32 G.Srinivasan

¶278

33 S.Ranganathan 34 V.Sarada Devi 35 S.Venkateswaran

¶279

R32 to 35 brought on record as LRs of the deceased 6th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶280

R28 V.Jagadeesan (Deceased)

¶281

36 J.Saroja

¶282

R 36 brought on record as LRs of the deceased 28th respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶283

R25 Hemalatha (Deceased)

¶284

37 R.Lakshminarayanan

¶285

38 L.Krishnakumar 39 Minor R.L.Vijayasahnkaran Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶286

R 37 to 39 brought on record as LRs of the deceased 25th respondent viz., Hemalatha vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶287

R31 V.Balasundaram (Deceased)

¶288

40 B.Amirthan 41 B.Sathish Aalwar 42 B.Maharaj

¶289

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¶290

¶291

43 Manju

¶292

(43rd respondent rep. by her Power Agent Smt.Amirtham)

¶293

R40 to 43 brought on record as LRS of the deceased 31st respondent viz., V.Balasundaram vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶294

.. Respondents
* * *
Cross Objection No.24 of 2005
D.BALASUNDARAM .. Cross Objector /
2nd Respondent
Vs.
1.THE LAND ACQUISITION OFFICER &
SPECIAL TAHSILDAR,
(LAND ACQUISITION),
HOUSING SCHEME - III,
COIMBATORE.
2 JOTHI KUMAR
3 E.RAMAKRISHNAN
4 RANGANAYAGIAMMAL (Deceased)
5 N.KAMALAMMAL (Deceased)
6 SAVITHIRI
7 RAJALAKSHMI
8 SANDHAMANI
9 SUBBURATHINAM
10 RAJAM POORANACHANDRAN
11 MEENAKSHI
12 R.ANDAL
13 SELVI KALPANA
14 N.VIJAYALAKSHMI
15 G.GURUSAMY (Deceased)
R16 & R17 already brought on record as LRs of the deceased R15 vide order
of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005
and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004

¶295

16 G.RAMAKRISHNAN

¶296

17 G.SOUNDARARAJAN

¶297

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¶298

¶299

18 G.BACKKIAM 19 G.JEYAMANI 20 D.DURAIRAJ 21 D.RAMACHANDRAN 22 D.INDIRA 23 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004, REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004. 24. SAROJINI 25. R.VENKATESAN 26. SANTHAMANI 27. HEMALATHA (Deceased) 28. THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE.

¶300

R4 Ranganayagiammal (Deceased)

¶301

29 Shantha Devi 30 V.Jagadeesan (Deceased) 31 Sumithra Devi 32 R.Hamsa Veni 33 V.Balasundaram (Deceased)

¶302

R29 to R33 brought on record as LRS of the deceased 4th respondent viz., Ranganayagiammal vide order of Court dated 11.10.2017 made in Cross Objection Nos.13, 20, to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶303

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¶304

¶305

R5 N.Kamalammal (Deceased)

¶306

34 G.Srinivasan 35 S.Ranganathan 36 V.Sarada Devi

¶307

37 S.Venkateswaran

¶308

R34 to 37 brought on record as LRs of the deceased 5th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶309

R30 V.Jagadeesan (Deceased)

¶310

38 J.Saroja

¶311

R 38 brought on record as LRs of the deceased 30th respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶312

R27 Hemalatha (Deceased)

¶313

39 R.Lakshminarayanan

¶314

40 L.Krishnakumar

¶315

41 Minor R.L.Vijayasahnkaran

¶316

Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶317

¶318

R33 V.Balasundaram (Deceased)

¶319

42 B.Amirthan

¶320

43 B.Sathish Aalwar 44 B.Maharaj

¶321

45 Manju

¶322

(45th respondent rep. by her Power Agent Smt.Amirtham)

¶323

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¶324

¶325

R42 to 45 brought on record as LRS of the deceased 33rd respondent viz., V.Balasundaram vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶326

.. Respondents

¶327

- *
  Cross Objection No.25 of 2005
  JOTHI KUMAR .. Cross Objector /
  1st Respondent
  Vs.
  1.THE LAND ACQUISITION OFFICER &
  SPECIAL TAHSILDAR,
  (LAND ACQUISITION),
  HOUSING SCHEME - III,
  COIMBATORE.
  2 D.BALASUNDARAM
  3 E.RAMAKRISHNAN
  4 RANGANAYAGIAMMAL (Deceased)
  5 N.KAMALAMMAL (Deceased)
  6 SAVITHIRI
  7 RAJALAKSHMI
  8 SANDHAMANI
  9 SUBBURATHINAM
  10 RAJAM POORANACHANDRAN
  11 MEENAKSHI
  12 R.ANDAL
  13 SELVI KALPANA
  14 N.VIJAYALAKSHMI
  15 G.GURUSAMY (Deceased)
  R16 & R17 already brought on record as LRs of the deceased R15 vide
  order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of
  2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶328

16 G.RAMAKRISHNAN

¶329

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¶330

¶331

17 G.SOUNDARARAJAN 18 G.BACKKIAM 19 G.JEYAMANI 20 D.DURAIRAJ 21 D.BALASUNDARAM 22 D.RAMACHANDRAN 23 D.INDIRA 24 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004, REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004. 25. SAROJINI 26. R.VENKATESAN 27. SANTHAMANI 28. HEMALATHA (Deceased) 29. THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE.

¶332

R4 Ranganayagiammal (Deceased)

¶333

30 Shantha Devi 31 V.Jagadeesan (Deceased) 32 Sumithra Devi 33 R.Hamsa Veni 34 V.Balasundaram (Deceased)

¶334

¶335

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¶336

¶337

R5 N.Kamalammal (Deceased)

¶338

35 G.Srinivasan 36 S.Ranganathan 37 V.Sarada Devi 38 S.Venkateswaran

¶339

¶340

R31 V.Jagadeesan (Deceased)

¶341

39 J.Saroja

¶342

R 39 brought on record as LRs of the deceased 3st respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶343

R28 Hemalatha (Deceased)

¶344

40 R.Lakshminarayanan 41 L.Krishnakumar 42 Minor R.L.Vijayasahnkaran

¶345

Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶346

¶347

R34 V.Balasundaram (Deceased)

¶348

43 B.Amirthan 44 B.Sathish Aalwar 45 B.Maharaj 46 Manju

¶349

(46th respondent rep. by her Power Agent Smt.Amirtham)

¶350

http://www.judis.nic.in

.. Respondents

Cross Objection No.39 of 2005
RANGANAYAGIAMMAL (SINCE DECEASED)
REP. BY HER LEGAL-HEIRS
1. SANTHA DEVI
2. DR.SUMITRA DVI
3. HAMSA VENI
4. V.JEGADEESAN (Deceased)
5. V.BALSUNDARAM (Deceased)
6. B.Amirthan
7. B.Sathish Aalwar
8. B.Maharaj
9. Manju
9th Cross Objector rep. by her Power Agent Smt.Amirtham)
10. J.Saroja .. Cross Objectors

¶356

Cross Objectors 6 to 9 and 10 brought on record as LRS of the deceased Cross Objectors 5 and 4 respectively viz., V.Balasundaram and V.Jagadeesan vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶357

¶358

1.THE LAND ACQUISITION OFFICER & SPECIAL TAHSILDAR, (LAND ACQUISITION), HOUSING SCHEME - III, COIMBATORE. 2 JOTHI KUMAR 3 D.BALASUNDARAM

¶359

http://www.judis.nic.in

¶360

¶361

4 E.RAMAKRISHNAN 5 N. KAMALAMMAL (Deceased) 6 SAVITHIRI 7 RAJALAKSHMI 8 SANDHAMANI 9 SUBBURATHINAM 10 RAJAM POORANACHANDRAN 11 MEENAKSHI 12 R.ANDAL 13 SELVI KALPANA 14 N.VIJAYALAKSHMI 15 G.GURUSAMY (Deceased)

¶362

¶363

16 G.RAMAKRISHNAN
17 G.SOUNDARARAJAN

¶364

18 G.BACKKIAM 19 G.JEYAMANI 20 D.DURAIRAJ 21 D.BALASUNDARAM 22 D.RAMACHANDRAN 23 D.INDIRA 24 K.SREEDHARAN NAYAR, S/O.KRISHNAN NAYAR, PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME, HOUSE OWNERS WELFARE ASSOCIATION, HUDCO COLONY, PEELAMEDU POST, VILAVANKURICHI ROAD, COIMBATORE 641 004,

¶365

REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004.

¶366

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¶367

¶368

SAROJINI

¶369

R.VENKATESAN

¶370

SANTHAMANI

¶371

HEMALATHA (Deceased)

¶372

THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE.

¶373

R5 N.Kamalammal (Deceased)

¶374

30 G.Srinivasan 31 S.Ranganathan 32 V.Sarada Devi

¶375

33 S.Venkateswaran

¶376

R30 to 33 brought on record as LRs of the deceased 5th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶377

R28 Hemalatha (Deceased)

¶378

34 R.Lakshminarayanan 35 L.Krishnakumar 36 Minor R.L.Vijayasahnkaran

¶379

Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶380

R 34 to 36 brought on record as LRs of the deceased 28th respondent viz., Hemalatha vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶381

¶382

Cross Objection No.90 of 2010

¶383

G.BAKKIYAM

¶384

.. Cross Objector / 18th Respondent

¶385

Vs.

¶386

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¶387

¶388

1.THE LAND ACQUISITION OFFICER &

¶389

SPECIAL TAHSILDAR,

¶390

(LAND ACQUISITION),

¶391

HOUSING SCHEME - III,

¶392

COIMBATORE. 2 JOTHI KUMAR 3 D.BALASUNDARAM

¶393

DURAISAMY NAIDU (DECEASED) 4 RAMAKRISHNAN 5 RANGANAYAGIAMMAL (DECEASED) 6 N.KAMALAMMAL (Deceased)

¶394

CHANDRAGANDHIAMMAL (DECEASED)

¶395

7 SAVITHIRI

¶396

8 RAJALAKSHMI

¶397

9 SANDHAMANI

¶398

10 SUBBURATHINAM

¶399

11 RAJAM POORANACHANDRAN

¶400

12 MEENAKSHI

¶401

13 R.ANDAL

¶402

14 SELVI KALPANA

¶403

15 N.VIJAYALAKSHMI

¶404

16 G.GURUSAMY

¶405

LINGAMMAL (DECEASED)

¶406

¶407

17 G.RAMAKRISHNAN

¶408

18 G.SOUNDARARAJAN

¶409

19 G.JEYAMANI

¶410

20 D.DURAIRAJ

¶411

21 D.BALA SUNDARAM

¶412

22 D.RAMACHANDRAN

¶413

23 D.INDIRA

¶414

24 K.SREEDHARAN NAYAR,

¶415

S/O.KRISHNAN NAYAR,

¶416

PRESIDENT, GANAPATHY NEIGHBOURHOOD SCHEME,

¶417

HOUSE OWNERS WELFARE ASSOCIATION,

¶418

HUDCO COLONY, PEELAMEDU POST,

¶419

http://www.judis.nic.in

¶420

¶421

VILAVANKURICHI ROAD, COIMBATORE 641 004,

¶422

REP.BY ITS PRESIDENT, K.SREEDHARAN NAYAR IS RESIDING AT 54-B-2, VIJAYA BHAVAN, V.K.ROAD, MURUGAN NAGAR, HUDCO COLONY, PEELAMEDU, COIMBATORE - 641 004.

¶423

25 SAROJINI 26 R.VENKATESAN 27 SANDHANMANI 28 HEMALATHA (DECEASED) 29 THE EXECUTIVE ENGINEER, A.T.O TAMILNADU HOUSING BOARD AND COIMBATORE HOUSING UNIT, TATA BADH, COIMBATORE, 30 SHANTHA DEVEI 31 V. JAGADEESAN (DECEASED) 32 SUMITRA DEVI 33 R. HAMSA VENI 34 V. BALASUNDARAM (DECEASED) 35 C. SIVASUBRAMANIAN 36 DR.A. CORNELIUS MANOHARAN 37 S. DURAISAMY REP. BY POWER OF ATTORNEY MRS.I. JOAN 38 K.A. MARIMUTHU 39 MRS. SAHAYA NIRMALA RANI PETER 40 K. RAGHAVAN 41 KRISHNAMOORTHY REP. BY POWER OF ATTORNEY MS. E. MEENA 42 K. SOMASKANDAN 43 K.P. SUNDARAM REP. BY POWER OF ATTORNEY MS. SUDHA RAJAGOPAL 44 K. SETHURAMAN 45 S.G. VADIVELU 46 V. SUBRAMANIAN 47 K.M. NITHYANANTHAN 48 K. ETHIRAJAN 49 WING COMMANDER

¶424

http://www.judis.nic.in

¶425

¶426

(R35 TO R49 IMPLEADED AS PARTY RESPONDENTS VIDE ORDER OF THE COURT DATED 28.11.2006 MADE IN C.M.P.NOS.10512 TO 10526 OF 2006 IN AS NO.168/2004)

¶427

50 RAJUMOHAN 51 G. KASIRAMAN 52 D. NARAYANAMOORTHY 53 R. SUBRAMANIAN REP. BY POWER OF ATTORNEY B. VASANTHAKUMARI, HIG B-16, HUDCO COLONY GANAPATHY, BLOCK XI, MURUGAN NAGAR, VK ROAD, PEELAMEDU, COIMBATORE. 54 V. VENKATARAMANI 55 M. RAJANGAM

¶428

56 SOBINIKUTTY, REP. BY POWER OF ATTORNEY G. VIJAYARAGHAVAN, HIG B-19 HUDCO COLONY, GANAPATHY BLOCK, XI MURUGAN NAGAR, VK ROAD, PEELAMEDU, COIMBATORE.

¶429

(R50 TO R56 IMPLEADED AS PARTY RESPONDENTS VIDE ORDER OF THE COURT DATED 12.12.2007 MADE IN C.M.P.NOS.456 TO 462 OF 2007 IN AS NO.168/2004)

¶430

R6 N.Kamalammal (Deceased)

¶431

57 G.Srinivasan

¶432

58 S.Ranganathan 59 V.Sarada Devi 60 S.Venkateswaran

¶433

R57 to 60 brought on record as LRs of the deceased 6th respondent viz., N.Kamalammal vide order dated 11.10.2017 made in Cross Obj.Nos.13, 20 to 25 & 39 of 2005 & Cross Obj.No.90 of 2010 in A.S.No.168 of 2004.

¶434

R31 V.Jagadeesan (Deceased)

¶435

http://www.judis.nic.in

¶436

¶437

61 J.Saroja

¶438

R 61 brought on record as LRs of the deceased 31st respondent Vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 & Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶439

R28 Hemalatha (Deceased)

¶440

62 R.Lakshminarayanan 63 L.Krishnakumar 64 Minor R.L.Vijayasahnkaran Rep. by Father and Guardian Mr.R.Lakshminarayanan

¶441

R 62 to 64 brought on record as LRs of the deceased 28th respondent viz., Hemalatha vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶442

R34 V.Balasundaram (Deceased)

¶443

65 B.Amirthan 66 B.Sathish Aalwar 67 B.Maharaj 68 Manju (68th respondent rep. by her Power Agent Smt.Amirtham)

¶444

R65 to 68 brought on record as LRS of the deceased 34th respondent viz., V.Balasundaram vide order of Court dated 11.10.2017 made in Cross Objn.Nos.13, 20 to 25 & 39 of 2005 and Cross Objn.No.90 of 2010 in A.S.No.168 of 2004.

¶445

.. Respondents * * *

¶446

Prayer in Cross Objection Nos.13, 20, 21, 22, 23, 24, 25 & 39 of 2005 and Cross Objection No.90 of 2010: Cross Objections filed to set-aside the Judgment and Decree passed in L.A.O.P.No.129 of 1986, dated 30.04.2003 on the file of I Additional Subordinate Judge, Coimbatore insofar as it dis-allowed the compensation as claimed by the Cross Objector and to fix the compensation at the rate of Rs.6,000/- per cent.

¶447

http://www.judis.nic.in

¶448

¶449

For Appellant in A.S.No.168 of 2004 & 1st respondent in Cros.Obj.Nos.13, 20, 21, 22, 23, 24, 25 & 39 of 2005 & Cross Objection No.90 of 2010

¶450

: Mr.P.Gunasekaran Additional Government Pleader

¶451

For Respondents 1 to 5, 21, 30 to 34, 57, 61 to 64 in A.S.No.168 of 2004 & and Cross Objectors in Cross Obj.Nos.20, 21, 24, 25 & 39 of 2005 : Mr.G.Ashokapathi For M/s.Pass Associates & D.Saravanan

¶452

For Respondent 8, 22, 23, 25 to 28, 58 to 60 in A.S.No.168 of 2004 & Cross Objectors in Cros.Obj.No.13 of 2005 : M/s.P.T.Asha For Sarvabhauman Associates For 18th respondent in A.S.No.168 of 2004 & Cross Objector in Cros.Obj.No.90 of 2010 : Mr.Su.Srinivasan For 16, 17, 19th respondent in A.S.No.168 of 2004 & Cross Objectors in Cros.Obj.Nos.22 & 23 of 2005 : Mr.B.Ramamoorthy For 29th respondent in A.S.No.168 of 2004 : Mr.V.Anandhamoorthy For 24th respondent in A.S.No.168 of 2004 : Mr.B.Divakaran For 35 to 56th respondents in A.S.No.168 of 2004 : Mr.K.K.Muralidharan * * *

¶453

http://www.judis.nic.in

¶454

¶455

C O M M O N J U D G M E N T

¶456

[Judgment of the Court was made by P.VELMURUGAN, J.]

¶457

This Appeal in A.S.No.168 of 2004 and Cross Objections in Cros.Obj.Nos.13, 20, 21, 22, 23, 24, 25 & 39 of 2005 and 90 of 2010 are arising out of the award passed in L.A.O.P.No.129 of 1986, on the file of I Additional Subordinate Judge, Coimbatore, dated 30.04.2003.

¶458

The issue involved in the appeal and Cross Objections is one and the

¶459

same and therefore, the appeal as well as the cross objections are disposed of by this common judgment.

¶460

By a Notification under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as ‘the said Act’ ), dated 23.03.1983, an area of 37.85 acres was acquired from Survey Nos.303/1, 303/2, 303/3, 304, 305/1, 305/2, 307/1, 307/2, 310/1, 310/2 for the purpose of forming a Housing Colony by the Tamil Nadu Housing Board. By an Award dated 22.02.1986 in Award No.1 of 1986, under Section 11 of the said Act, the compensation was fixed at the rate of Rs.80/- per cent for the land acquired. Being dissatisfied by the compensation awarded, the respondents had made a representation to the appellant. The Land Acquisition Officer pursuant to the request made by the respondents referred the

¶461

http://www.judis.nic.in

¶462

¶463

matter to the Land Acquisition Tribunal under Section 18 of the said Act, wherein the respondents have filed claim petitions claiming enhancement of compensation. The Reference Court, after considering the oral evidence and documents Exs.C-7 and C-8, viz., a copy of the sale deed in Survey No.308, dated 21.05.2002 and a copy of sale deed given by Velumani to Rukmani, dated 21.05.2002, held that though as per the sale deeds, the market value would come to Rs.17,790/- and after deducting 40% towards Development Charges, which would come to Rs.10,674/- and after deducting half of the amount and to give some relief to the allottees based on the representation made by the Housing Board to fix the nominal value of the housing plots, fixed the value of the acquired land at Rs.5,000/- per cent.

¶464

Being aggrieved by the said Award dated 30.04.2003 the Appellant / The Land Acquisition Officer and Special Tahsildar, (Land Acquisition), Housing Scheme - III, Coimbatore has preferred the present appeal in A.S.No.168 of 2004. Being dissatisfied with the award some of the respondents/claimants have filed Cross-Objections in Cros.Obj.Nos.13, 20, 21, 22, 23, 24, 25 & 39 of 2005 and 90 of 2010 seeking further enhancement.

¶465

The learned Additional Government Pleader appearing for the appellant

¶466

in the appeal / first respondent in all cross objections would submit that the

¶467

http://www.judis.nic.in

¶468

¶469

Reference Court has erred in enhancing the compensation from Rs.80/- per cent to Rs.5,000/- per cent exorbitantly without basing on any relevant document. He would further submit that the Reference Court has erred in treating the acquired

¶470

lands as house sites when they are only cultivable lands on the date of acquisition. He would further submit that the Reference Court ought to have seen that the Land Acquisition Officer has collected the various sale deeds and relied on the relevant sale deed for fixing the compensation. The Reference Court ought to have seen that the claimants failed to discharge their burden of proof in not filing the correct documents to show actual market value. He would further submit that the Reference Court without any valid reason has not considered Ex.R5 and the same is similarly situated with that of the acquired lands. He would further submit that since there was no other documents to show

¶471

the actual market rate, the Reference Court ought to have confirmed the award passed by the Land Acquisition Officer. The document which is marked as Ex.C1 is just prior to the date of 4(1) notification is fetching only value of Rs.3,000/-

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per cent whereas the Reference Court has fixed Rs.10,200/- per cent without assigning any proper reason for its finding and has come to the conclusion merely on surmises and conjectures. He would further submit that the Reference Court ought to have deducted minimum 65% for developmental charges as well as the considered documents by the Reference Court is only smaller extent of land, but on the contrary, the Reference Court has deducted

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only 40% from the value of the documents filed on behalf of the claimants which are much later to the date of 4(1) notification. Hence, the learned Additional Government Pleader prays for allowing the appeal suit.

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The learned counsel appearing for all the respondents / cross objectors would submit that the Reference Court having taken note of the potential possibility in increasing the value; its locational advantages such as existing housing colonies; surrounding the acquired lands; approach by Road and Railway; Railway Station, the availability of other amenities and advantages such as colleges, industrial establishments etc., has no jurisdiction to reduce the market value of the land from Rs.10,674/- per cent to Rs.5,000/- per cent merely on the ground of hardship to the allottees of the Tamil Nadu Housing Board. The learned counsel would further submit that the Reference Court ought to have awarded costs in favour of the claimants as their land have been acquired by exercising the power of "Eminent Domain" pursuant to the notification under Section 4(1) of the Land Acquisition Act, dated 23.03.1983 and the claimant had to litigate for determination of compensation payable for the lands acquired for over 20 years, suffered not only mental agony but also compelled to meet the litigation expenses including the legal practitioners fee and other incidental expenses. The learned counsel would further submit that the Hon'ble Supreme Court in C.A.Nos.9688 to 9693 of 2014 for the very same project has granted

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relief to similarly placed landowners, by confirming the award passed by the Reference Court, viz., Rs.6,000/- per cent. Hence, the learned counsel prays for allowing the Cross objection.

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Heard the learned counsel on either side and perused the materials

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placed on record.

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In all these cases, the claimants are the owners of small extents of land in Vilankurichi Village, Coimbatore District. The lands were acquired from the claimants for the purpose of forming a Housing Colony. Initially, by an Award dated 22.02.1986 in Award No.1 of 1986, under Section 11 of the said Act, the compensation was fixed at the rate of Rs.80/- per cent for the land acquired. Being dissatisfied with the compensation awarded, respondents had made a representation before the appellant, hence, pursuant to the request made by the respondent, the Land Acquisition Officer referred the matter to the Land Acquisition Tribunal under Section 18 of the said Act, wherein the respondents filed claim petitions claiming enhancement of compensation and the Reference Court has fixed the value of the acquired land at Rs.5,000/- per cent. Now being dissatisfied with the order passed by the Reference Court, appellant /first respondent in Cross Objections and respondents/cross objectors have come with these appeal and Cross Objections.

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The contention of the learned counsel for the cross objectors / respondents is that for the very same project for the same purpose, the Hon'ble Supreme Court vide judgment dated 14.10.2014 in C.A.Nos.9688 to 9693 of 2014, has confirmed the award passed in some other claims made by the other landowners, fixing the market value of the land at Rs.6,000/- per cent, while setting aside the order of this Court and therefore, the same benefits, viz., fixing the market value of the land at Rs.6,000/- per cent, have to be given to the cross objectors also. In the above said judgment of the Hon'ble Supreme Court, the aggrieved persons therein against the award passed by the Land Acquisition Officer for fixing the compensation of Rs.200/- filed a petition before the Reference Court seeking enhancement of compensation. The Reference Court gave six separate awards. In four of the awards, compensation was determined @ 6,000/- per cent. In the fifth award, the rate fixed was Rs.400/- per cent while in the sixth award, the rate fixed was Rs.7,000/- per cent. Aggrieved over the awards passed by the Reference Court, Land Acquisition Officer has preferred an

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appeal before this Court. This Court in A.S.No.780 of 2004, held that an error was committed in treating the value to be Rs.1,71,211/- instead of Rs.1,21,212/and determined the compensation at Rs.2,000/- per cent. Against the judgment passed by this Court, the aggrieved persons filed Civil Appeals before the Hon'ble Supreme Court and the Hon'ble Supreme Court confirmed the view taken by the Reference Court and determined the compensation of Rs.6,000/- per cent.

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It is not in dispute that in the present appeal, the land was acquired at Coimbatore. It is also not in dispute that in the present appeal also, the respondents / cross objectors lands have been acquired for the very same project by the Tamil Nadu Housing Board. The Hon'ble Supreme Court, in the above said judgment, held that the District Collector, in four of the awards, determined the compensation at Rs.6,000/- per cent; and in the fifth award, the rate was fixed at Rs.4,000/- per cent; while in the sixth award, the rate was fixed at Rs.7,000/- per cent; and the High Court determined market value to be Rs.2,000/- per cent, apart from other statutory benefits and observed as follows:-

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" We are of the opinion that even if mistake pointed out by the High Court that value of transaction at Sr. No.124 was wrongly mentioned as Rs.1,71,211/- instead of Rs.1,21,212/- which worked out to Rs.6,06,060/- per acre was correct, the view taken by the Reference Court in determining compensation @ Rs.6,000/- per cent did not call for any interference."

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According to the appellant / Land Acquisition Officer the Reference Court has erred in enhancing the compensation without any valid reason from Rs.80/- per cent to Rs.5,000/- per cent. According to the respondents / landowners, the Reference Court ought to have awarded costs in favour of the claimants as their land have been acquired by exercising the power of "Eminent

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Domain" pursuant to the notification under Section 4(1) of the Land Acquisition Act, dated 23.03.1983 and the claimant had to litigate for determination of compensation payable for the lands acquired for over 20 years suffering not only mental agony but also compelled to meet the litigation expenses including the legal practitioners fee and other incidental expenses. However, in the present case, though the Reference Court held that the market value would come to Rs.17,790/- and after deducting 40% towards development charges, it would come to Rs.10,674/- and after deducting half of the amount, to give some relief to the allottees since representation has been made by the Housing Board to fix the nominal value of the land, fixed the market value of the acquired land at Rs.5,000/- per cent. Though the appellant and cross-objectors contending their arguments forcibly, in view of the judgment of the Hon'ble Supreme Court, we are of the view that the respondents / cross objectors also would be entitled to Rs.6,000/- per cent, since the similarly placed landowners, have been granted Rs.6,000/- per cent for the very same acquisition viz., for construction of Housing Unit by the Tamil Nadu Housing Board, Coimbatore.

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In view of the above, the Appeal Suit in A.S.No.168 of 2004 and the Cross Objection in Cros. Obj. Nos.13, 20, 21, 22, 23, 24, 25 & 39 of 2005 and 90 of 2010 are disposed of by refixing the compensation from Rs.5,000/- per cent to Rs.6,000/- per cent, with other statutory benefits, by taking into account

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of the related judgment of the Hon'ble Supreme Court in C.A.Nos.9688 to 9693 of 2014, dated 14.10.2014. Insofar as the other reliefs granted by the Reference Court are concerned they are confirmed. Consequently, connected miscellaneous petition is closed. However, there will be no orders as to costs.

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(K.K.S., J.) (P.V., J.)
11.10.2017
(2/2)
Speaking Order / Non-speaking Order
Index : Yes / No.
Internet : Yes / No.
r n s

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I Additional Subordinate Judge, Coimbatore.

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K.K.SASIDHARAN, J. and P.VELMURUGAN, J.

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r n s

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A.S.No.168 of 2004 &
C.M.P.No.5553 of 2004 and
Cross Objection Nos.13, 20, 21, 22, 23, 24,
25 & 39 of 2005
Cross Objection No.90 of 2010

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11.10.2017

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(2/2)

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The Land Acquisition Officer v. Jothi Kumar

Case brief

What is this about?

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The Land Acquisition Officer v. Jothi Kumar

Case brief

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