In a second appeal challenging enhanced land compensation for Harijan Welfare schemes, the High Court dismissed the appeal. The Court found no merit as it had previously rejected the same contention regarding sale deeds in an identical acquisition proceeding (S.A.No.776 of 2010).
Second Appeal dismissed; no costs; connected miscellaneous petition closed.
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.
S.A.No.777 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2020
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.777 of 2010 and
M.P.No.1 of 2010
(Heard through video conferencing)
1.The Collector of South Arcot,
Cuddalore.
2.The Special Land Acquisition Officer,
Harijan Welfare,
Cuddalore. ... Appellants
Vs
Arulsami
S/o Vanathian,
Kulakudi,
Cuddalore Taluk. ... Respondent
Prayer:- This Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 09.08.2002 made in L.A.C.M.A.No.30 of 1996 on the file of the Subordinate Court, Cuddalore modifying the award dated 23.02.1996 made in Award No.4 of 1995-96 by the Special Tahsildar (ADW), Cuddalore.
For Appellants :Mr.N.Manikandan, Special Government Pleader
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For Respondent : No Appearance
JUDGMENT
This second appeal is preferred by the State against the enhancement
of compensation granted in faovur of the respondent herein for the land acquired
under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act,
2.The land owned by the respondent to an extent of 0.07.5 hectares comprised in Survey No.35/11 at Karunguzhi Village, Cuddalore Taluk was acquired by the State under the said Scheme. For which, the Acquisition Authority
has fixed compensation of Rs.7,329/-. Unsatisfied with the said award amount, an appeal was preferred in LCMA NO.30 of 1996 before the Land Acquisition Officer cum Special Tahsildar, (ADW) Cuddalore. The Special Court taking note of the sale deed dated 01.02.1993, as a guiding factor for fixation of market rate of
the land in question has enhanced compensation to Rs.12,836.87/-.
3.The State has preferred the present Second Appeal on the ground that the
sale deed taken as guidance to fix the market value of the property in question is
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hardly six months ahead of the 4(1) Notification and subsequent to
commencement of the acquisition proceedings made known to public. The
contention of the State in this regard not been accepted by this Court while
considering similar matter in Second Appeal No.776 of 2010 arising out of the
very same acquisition proceedings. Hence, this Court find no merit to entertain
this Second Appeal.
4.In the result, the Second Appeal is dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
17.08.2020
jbm
Index: Yes/No
Speaking order/non speaking order
To
1.The Subordinate Court,
Cuddalore.
2.The Special Tahsildar (ADW),
Cuddalore.
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S.A.No.777 of 2010
G.JAYACHANDRAN.J.,
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S.A.No.777 of 2010
17.08.2020
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1 issue framed by the court
Whether the enhancement in compensation was based on a sale deed precedented six months prior to the notification.
Colour shows how this judgement treated each authority
Second Appeal No.776 of 2010Referred¶4
1 provisions across 1 enactments
Collector of South Arcot
Special Land Acquisition Officer
Arulsami
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
