The Special Tahsildar,(La), Vs Shanmugavel

PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act, to set aside the decree passed in LAOP No.192 of 2002 dated 27.12.2004 on the file of the Sub Court, Sivakasi.

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For Appellant: Mr.M.Muthumanikkam Government Advocate (Civil Side)

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https://www.mhc.tn.gov.in/judis

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JUDGMENT

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The Appeal Suit has been filed by the appellant against the decree passed in LAOP No.192 of 2002, dated 27.12.2004 as against the compensation fixed at Rs.1200/- per cent by the Land Acquisition Officer.

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The Government acquired extensive lands including the respondent's land for construction of a reservoir under Irunkkankudi Reservoir Scheme. The Land Acquisition Officer fixed an amount of Rs.85/- per cent. Aggrieved over the said fixation, the respondent and other owners had filed various LAOPs to enhance the compensation. After considering the various documents and oral evidence, the learned Judge has fixed the compensation of Rs.1,200/- per cent in all LAOPs. Challenging the same, the appellant/Government has preferred a batch of appeals before this Court namely, AS(MD)Nos.180, 182, 183 & 184 of 2014, AS(MD)No.164 of 2017, AS(MD)Nos.100 to 112 of 2016 etc., and this Court after considering the entire evidence on record confirmed the award passed in all LAOPs.

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https://www.mhc.tn.gov.in/judis

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The learned Government Advocate (Civil Side) appearing for

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the appellant fairly submitted that all the connected cases were dismissed by this Court confirming the award passed by the learned trial Judge with fixation of Rs.1,200/- per cent.

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This Court perused the impugned award passed by the learned trial Judge and the award passed in the connected LAOPs and also the orders of this Court passed in batch of Appeal Suits in AS(MD)Nos.180, 182, 183 & 184 of 2014, AS(MD)No.164 of 2017, AS(MD)Nos.100 to 112 of 2016 etc., The land of the respondent also is covered under the same notification and all the lands are situated in the same area and all the awards were passed on the basis of the same documents. Therefore, the learned trial Judge correctly fixed the market value of the acquired lands upon considering the various factors and this Court also confirmed the impugned judgments and decrees passed in connected LAOPs by dismissing the above batch of Appeal Suits. Hence, this Court finds no error in the impugned award passed by the learned trial Judge in fixing the compensation amount of Rs.1,200/- per cent.

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https://www.mhc.tn.gov.in/judis

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Accordingly, the Appeal Suit stands dismissed and Judgement and Decree passed in LAOP No.192 of 2002 on the file of the Sub Court, Sivakasi, dated 27.12.2004, is confirmed. No costs. Consequently, connected Miscellaneous petition is closed.

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23.06.2025

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NCC : Yes /No Index : Yes/No dss

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To

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