The High Court dismissed the second appeal challenging the enhancement of land compensation. It upheld the interest rates based on verbal evidence but reduced the solatium from 30% to 15% in one connected appeal.
Second Appeal No.1141 of 2011 dismissed; Second Appeal No.1142 of 2011 partly allowed with solatium reduced to 15%.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
S.A.No.1141 of 2011
The Land Acquisition Officer-cumSpecial Tahsildar, Adi Dravidar Welfare, Tindivanam.
.. Appellant/Respondent/Referring Officer Versus Kanniyammal .. Respondent/Appellant/Claimant S.A.No.1142 of 2011
The Land Acquisition Officer-cumSpecial Tahsildar,
Adi Dravidar Welfare, Tindivanam.
.. Appellant/Respondent/Referring Officer Versus Vasudevapillai .. Respondent/Appellant/Claimant
Prayer in S.A.1141/2011:- Second Appeal filed under Section 13 of Tamil Nadu Acquisition of Land for ADW Schemes Act, 31/78 r/w Section 100 of Civil Procedure Code against the judgment and decree dated 30.6.2009 made in C.M.A.No.9 of 2000 on the file of Principal Subordinate Judges Court, Tindivanam, modifying the award made in Award No.7/1999-2000 dated 30.9.1999 passed by the Land Acquisition Officer/Special Tahsildar, (ADW), Tindivanam.
Prayer in S.A.1142/2011:- Second Appeal filed under Section 13 of Tamil Nadu Acquisition of Land for ADW Schemes Act, 31/78 r/w Section 100 of Civil Procedure Code against the judgment and decree dated 30.6.2009 made in C.M.A.No.13 of 2001 on the file of Principal Subordinate Judges Court, Tindivanam, modifying the
award made in Award No.17/2000-2001 dated 20.11.2000 passed by the Land Acquisition Officer/Special Tahsildar, (ADW), Tindivanam.
For Petitioner : Mr.T.Jayaramaraj Govt.Advocate [Civil Side]
For Respondent : Mr.P.P.Purushothaman (in SA.No.1141 of 2011)
Mr.S.Kaithamalaikumaran (in SA.No.1142 of 2011)
COMMON JUDGEMENT
Aggrieved by the judgment and decree dated 30.06.2009 in CMA.Nos. 9 of 2000 & 13 of 2001 of the Principal Subordinate Judge, Tindivanam, modifying the award dated 30.09.1999 and 20.11.2000 passed by the Land Acquisition Officer/Special Tahsildar, (ADW), Tindivanam, the present appeals have been preferred by the Land Acquisition Officer.
(i) In C.M.A.No.9 of 2000, the Sub Court has fixed the compensation based on Rs.1200/- per cent for the land in question and for 200 cents, it was fixed the compensation at Rs.2,40,000/-. The Sub Court ordered compensation, after deducting the amount already paid including interest at Rs.63,200/- awarded and remaining amount at Rs.1,76,800/- was directed to be paid, for which 30% solatium was awarded from the date of notice under Section 4(1) till the date of acquisition and for the enhanced compensation 6% was awarded and as per Section 23(1)(a), 12% solatium was awarded.
(ii) In C.M.A.No.13 of 2001, the Sub Court fixed the compensation for the land in question by awarding Rs.700/- per cent and for 131 cents, the Sub Court fixed the compensation at Rs.91,700/-. Apart from this, the Sub Court fixed the compensation for one palm tree at Rs.100/- and for 40 palm
trees, Rs.400/- was awarded. The total compensation of Rs.95,700/- was fixed by the Sub Court and after deducting the compensation with solatium already received by the claimant at Rs.61,800/-, the Sub Court awarded balance compensation at Rs.33,810/- for which, 30% solatium was awarded from the date of Section 4(1) notice till the date of acquisition and for the enhanced compensation, 6% solatium was awarded and asper Section 23(1)(a), 12% solatium was awarded to the claimant.
let in by the parties. Hence, the Second Appeal No.1141 of 2011 is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
kmi
To
1. The Principal Subordinate Judge,
Tindivanam.
2. The Land Acquisition Officer/Special Tahsildar,
(ADW), Tindivanam.
3. The Section Officer,
V.R.Section, High Court, Madras-104.
+1cc to Special Government Pleader in sr.no.21934
+1cc to M/s.P.P.Purushohtaman, Advocate in sr.no.20687
S.A.Nos.1141 & 1142 of 2011
and
M.P.Nos.1 & 1 of 2011
RSK(CO)
NR 17/07/2017
3 issues framed by the court
Whether the court below erred in enhancing the award amount when there was no documentary evidence.
Whether the solatium of 30% awarded in the lower court was excessive.
Whether the grant of interest at 6% and 12% was correct based on evidence let in by parties.
3 provisions across 2 enactments
The Land Acquisition Officer-cumSpecial Tahsildar, Adi Dravidar Welfare, Tindivanam
Kanniyammal
Vasudevapillai
S.Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
