Appeal against a land acquisition award concerning the apportionment of compensation for disputed land. The High Court confirmed the award below as the appellant failed to provide acceptable evidence to displace the findings regarding title.
Impugned award confirmed; appeal suit dismissed; no costs awarded.
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A.S.(MD)No.196 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date :07.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
A.S(MD).No.196 of 2015
Mahaboolisha Begam
1.The Special Tahsildar Office of Land Acquisition Karur-Dindigul Broad Gauge Unit-2, Dindigul.
..Appellant/4th Claimant Vs.
..1st Respondent/Petitioner
2.P.Nalluswami
3.The Executive Engineer Construction, South Railway, Madurai-10. ..2nd & 3rd Respondents/Claimant2 & 3
PRAYER: Appeal Suit filed under Section 54 & 30 of Land Acquisition Act r/w 96 of Civil Procedure Code, to set aside the Award in L.A.O.P.No.6 of 1988, dated 22.06.2015 on the file of the Principal Subordinate Court, Dindigul and allow the appeal.
For Appellant : Mr.M.V.Venkataseshan For R1 : Mr.J.Gunaseelan Muthiah additional Government Pleader For R2 : Mr.G.Gomathi Sankar For R3 : Mr.A.Haja Mohideen
J U D G M E N T
Heard the learned counsel on either side.
2.This appeal is directed against the impugned award passed under Section 30 of the Land Acquisition Act. The lands in Survey No.622/1, were acquired for expansion of railway lines. Compensation was also determined during award enquiry and deposited in the Court. However, dispute arose between the appellant herein and the second respondent herein regarding apportionment of the compensation in respect of five cents of land in Survey No.622/1 in Vedasanthur Village. Hence, reference was made before the reference Court. The appellant examined herself as witness. Likewise, Nalluswamy-R2 herein also examined himself as witness. The Court below gave a finding that five cents of land in Survey No.622/1 belonged to Nalluswamy as evidenced by the sale deed standing in favour of Nalluswamy and his wife. Ex.A8 is the patta in favour of Nalluswamy and his wife. On the other hand, though the appellant had lodged a claim, the Court below has given a specific finding that no document has been adduced in support of her claim. https://hcservices.ecourts.gov.in/hcservices/
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A.S.(MD)No.196 of 2015
3.Though the learned counsel for the appellant reiterated all the contentions set out in the memorandum of grounds, I am of the view that the aforesaid findings cannot really be dislodged in the absence of any acceptable contra evidence. Therefore, the impugned award is confirmed and the appeal suit is dismissed. No costs.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
To
1.The Principal Subordinate Court, Dindigul.
2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-15415[F] dated 07/04/2021 )
+1 CC to M/s.SPL GP ( SR-15498[F] dated 08/04/2021 )
A.S(MD).No.196 of 2015 07.04.2021
KB(29.04.2021) 2P 6C
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1 issue framed by the court
Whether the impugned award regarding apportionment of land acquisition compensation should be set aside or confirmed.
Mahaboolisha Begam
The Special Tahsildar Office of Land Acquisition Karur-Dindigul Broad Gauge Unit-2, Dindigul
P.Nalluswami
The Executive Engineer Construction, South Railway, Madurai-10
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
