Allowed

P. Ramasamy v. The Principal Secretary

Madras HC14 Nov 2019WP/507/2018

Case brief

AI extract

What is this about?

The High Court allowed an appeal under Section 54 of the Land Acquisition Act. The court fixed compensation at Rs.6 Lakhs per acre (Rs.13.77 per sq ft), ordered statutory benefits including 30% solatium, and permitted parties to adjust previously deposited amounts based on the new decree.

What did the court decide?

Fixed compensation at Rs.6 Lakhs per acre with 30% solatium; permitted adjustment of previously deposited amounts via Reference Court application.

P. Ramasamy Vs The Principal Secretary — Specific Performance | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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THURSDAY, THE THIRTEENTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY

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PRESENT

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THE HON'BLE MR.JUSTICE M.M.SUNDRESH

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AND

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THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

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A.S.NO.507 OF 2018

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LAND ACQUISITION OFFICER & REVENUE DIVISIONAL OFFICER, DHARMAPURI. ...Appellant/Respondent

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1 Thangavel ...1^st Respondent/Claimant

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2 POWER GRID CORPORATION OF INDIA LTD., REP BY ITS SENIOR DEPUTY GENERAL MANAGER,

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MR.GOPI KRISHNAN DHAMAPURAI. ...2^nd Respondent

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(R2 impleaded as per order dated 13.02.2020 in

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C.M.P.No.2513/2020)

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Prayer:Appeal filed under Section 54 of the Land Acquisition Act against the Judgment and Decree of the Subordinate Court, Dharmapuri in LAOP No.27 of 2013 dated 22/07/2016.

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DECREE:This Appeal coming on for hearing on this day, and having listed Under the Caption for Being Mentioned on 24/09/2020 and upon perusing the grounds of appeal the Judgment and Decree of the Trial Court and the material papers in the suit and upon hearing the arguments of Mr.J.Bala Gopal, Special Government Pleader for the Appellant and of Mr.S.C.Vishwanth, Advocate for the first Respondent and of Mr.R.Ravi, for the second Respondent and this Court while allowing the appeals filed by the Appellant/Land Acquisition Officer by observing that the first respondent/Claimant had received some amount, vide order dated 10/08/2018 made in CMP No.12916/2018 in A.S.No.507/2018 doth order and decree as follows;

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https://hcservices.ecourts.gov.in/hcservices/

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i)That the compensation is be and hereby fixed at Rs.6 Lakhs per acre, which shall be at Rs.13.77 per sq ft for the acquired land;

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ii)That the First Respondent/Claimant is be and hereby entitled to the Statutory benefits as per the land Acquisition Act including interest and Solatium of 30%;

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iii)That the 1^st Respondent/Claimant shall withdraw the amount, if they are entitled for more amount than that was already received by the 1^st Respondent/Claimant, by filing appropriate application before the Reference Court after satisfaction the Judgment and Decree of this Appeal;

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iv)That the Appellant/Land Acquisition officer is hereby permitted to withdraw the excess amount, if any already deposited before reference Court, after adjusting the amount awarded in this Appeal;

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v)That the Special Government Pleader be and hereby is entitled for separate fee in this Appeal;

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vi)that there be no costs in this Appeal;

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Deputy Registrar(CS)

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//True Copy//

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Sub Assistant Registrar

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1.The Subordinate Judge, Dharmapuri.

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2.The Section Officer, VR Section, High Court, Madras-104.

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3.The Land Acquisition Officer and Revenue Divisional Officer, Dharmapuri.

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https://hcservices.ecourts.gov.in/hcservices/

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+1cc to Mr.R.Ravi, Advocate Sr.13194

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+1cc to Mr.S.C.Viswanth, Advocate Sr.12673

Dated:13/02/2020

DECREE

A.S.No.507 of 2018

Allowing the Appeal filed under Section 54 of the Land Acquisition Act against the Judgment and Decree of the Subordinate Court, Dharmapuri dated 22/07/2016 in L.A.O.P.No.27/2013 etc., as stated within.

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Rv[co] srg 29/09/2021

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https://hcservices.ecourts.gov.in/hcservices/

P. Ramasamy v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

P. Ramasamy v. The Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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