The Special Tahsildar Vs P.Govindasamy

Prayer: Second Appeal filed under Section 13 of the Tamil Nadu Acquisition of Land for ADW Schemes, Act, 31/78 r/w Section 100 of C.P.C against the judgement and decree dated 28.03.2016 made in CMA (LA) No.3 of 2006 on the file of the Sub Court, Dharmapuri, modifying the Award No.10/(ADW)/1997-98 in Na.Ka.No.1709/1997-(A), dated 16.12.1997, on the file of the Special Tahsildar (ADW) and Land Acquisition Officer, Dharmapuri.

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For Appellant(s) : Mrs.R.Anitha, Special Government Pleader For Respondent(s) : Mr.Anna Gandhi

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

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S.A.Nos.377 and 406 of 2017

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S.A.No.406 of 2017

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The Special Tahsildar,

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Adi Dravidar Welfare and Land Acquisition Officer, Dharmapuri.

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The District Collector, Dharmapuri.

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... Appellant(s)

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Vs.

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C.Chinnasamy (Deceased)

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Kalippan

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Pachaiyammal

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Chellan

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Madhammal

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Madhaiyan ... Respondent(s)

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Prayer: Second Appeal filed under Section 13 of the Tamil Nadu Acquisition of Land for ADW Schemes, Act, 31/78 r/w Section 100 of C.P.C against the judgement and decree dated 28.03.2016 made in CMA (LA) No.4 of 2006 on the file of the Sub Court, Dharmapuri, modifying the Award No.10/(ADW)/1997-98 in Na.Ka.No.1709/1997-(A), dated 16.12.1997, on the file of the Special Tahsildar (ADW) and Land Acquisition Officer, Dharmapuri.

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For Appellant(s) : Mrs.R.Anitha, Special Government Pleader For R3 : Mr.Anna Gandhi

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S.A.Nos.377 and 406 of 2017

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C O M M O N J U D G M E N T

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(Order of the Court was made by DR.G.JAYACHANDRAN, J. )

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These two appeals arise out of the common award passed by the Land

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Acquisition Appellate Tribunal in respect of the land acquired under the notification dat ed 23.09.1997 issued under Section 4(1) of the Land Acquisition Act.

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The compensation of Rs.74,100/- per Hectare fixed by the Special Tahsildar, Adi Dravidar Welfare, was challenged by the land owners before the Tribunal, and it was considered in a batch of appeals filed under Section 9 of the Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978, wherein the Land Acquisition Tribunal fixed the enhanced compensation at about Rs.50/- per sq.ft. Being aggrieved by the enhanced compensation, the State has preferred these two appeals stating that the enhancement of compensation was not based on the sale deeds which are identical to the land acquired. It is further contended that the Tribunal failed to take note of the development charges and deduct the same.

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The learned Special Government Pleader appearing for the appellants

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S.A.Nos.377 and 406 of 2017

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would submit that in the connected Second Appeal in S.A.No.300 of 2022, arising out of the same notification, the learned Division Bench of this court has gone into the merits of the case and has confirmed the enhanced compensation of Rs.50/- per sq.ft, but deducted 30% towards development charges. It was also held by the learned Division Bench that the claimants are entitled to solatium at the rate of 15% with interest at the rate of 6% per annum.

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The learned counsel appearing for the respondent land owners concedes for passing a similar order in these appeals and requests that there shall be a direction to the appellants to deposit the compensation amount within a specified time.

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Considering the above facts, these appeals are partly allowed, while confirming the enhanced compensation of Rs.50/- per sq.ft with a deduction of 30% towards development charges and interest at the rate of 6% per annum, following the judgment passed in S.A.No.300 of 2022, which reads as under:-

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“21. In the result, this Second Appeal is partly allowed, fixing the compensation at Rs.50/- per sq.ft, and the deduction would be 30%. The claimant would also

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S.A.Nos.377 and 406 of 2017

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be entitled to solatium at 15% and interest at 6% per annum on the compensation determined as above. No costs.”

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Accordingly, in line with the above direction, both the second

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appeals are partly allowed and the appellants are directed to deposit the amount within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.

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(G.J.,J.) (M.S.K.,J.) 18.09.2025

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skr Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No

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S.A.Nos.377 and 406 of 2017

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DR.G. JAYACHANDRAN, J. and MUMMINENI SUDHEER KUMAR, J.