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Madras High CourtAS/302/2013allowed

Ramgopal Estate Pvt Ltd v. The Special Thasildar (La)

2026-06-30Honourable Mr Justice N. Sathish Kumar,Honourable Mr.Justice M.Jothiraman8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.06.2026

CORAM

THE HONOURABLE MR . JUSTICE N.SATHISH KUMAR AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN & A.S.Nos.629 and 630 of 2026 Ramgopal Estate (P) Limited K.S.Hemanth Kumar S/o.Late Shanmuga Sundara Mudaliar ... Appellant in both appeals

Versus

1. The Special Thasildhar Petro Chem Park Unit VII TIDCO (Tamil Nadu Industrial Development Corporation) Egmore, Chennai - 600 008

2. The Managing Director TIDCO, Rukmani Lakshmipathi Salai Egmore, Chennai - 600 008 ... Respondents in both appeals Prayer in A.S.No.302 of 2013 :Appeal Suit filed under Sections 96 and 1 of CPC and Section 54 of Land Acquisition Act, 1 of 1984 to set aside the judgment and decretal order passed in L.A.O.P.No.44 of 2008 dated 1/8

08.04.2013 on the file of learned Subordinate Judge, Ponneri, Thiruvallur District.

Prayer in A.S.No.303 of 2013 :Appeal Suit filed under Sections 96 and 1 of CPC and Section 54 of Land Acquisition Act, 1 of 1984 to set aside the judgment and decretal order passed in L.A.O.P.No.45 of 2008 dated 08.04.2013 on the file of learned Subordinate Judge, Ponneri, Thiruvallur District.

For Appellant :

Mr.M.S.Subramanian in both appeals For Respondents :

Mr.V.Balakrishnan in both appeals Spl. Govt. Pleader for R1 Mr.Abishek Moorthy Standing counsel for R2 A.S.Nos.629 and 630 of 2026 The Special Thasildhar Petro Chem Park Unit VII TIDCO (Tamil Nadu Industrial Development Corporation) Egmore, Chennai - 600 008 ... Appellant in both appeals Vs.

1. Ramgopal Estate (P) Limited Rep. by K.S.Hemanth Kumar S/o.Late Shanmuga Sundara Mudaliar

2. The Chairman Tamil Nadu Industrial Development Corporation Limited Rukmani Lakshmipathi Salai 2/8

Egmore ... Respondents in both appeals Prayer in A.S.No.629 of 2026 :Appeal Suit filed under Sections 96 and 1 of CPC and Section 54 of Land Acquisition Act, 1984 to set aside the judgment and decretal order passed in L.A.O.P.No.45 of 2008 dated 08.04.2013 on the file of learned Subordinate Judge, Ponneri, Thiruvallur District. Prayer in A.S.No.630 of 2026 :Appeal Suit filed under Sections 96 and 1 of CPC and Section 54 of Land Acquisition Act, 1984 to set aside the judgment and decretal order passed in L.A.O.P.No.44 of 2008 dated 08.04.2013 on the file of learned Subordinate Judge, Ponneri, Thiruvallur District. For Appellants :

Mr.V.Balakrishnan in both appeals Special Government Pleader For Respondents :

Mr.M.S.Subramanian for R1 in both appeals Mr.Abishek Moorthy Standing counsel for R2 COMMON JUDGMENT (Judgment of the Court was made by N.SATHISH KUMAR, J.) A.S.Nos.302 and 303 of 2013 have been filed by the claimants / land owners seeking enhancement of compensation awarded by the Subordinate Judge, Ponneri.

2. A.S.Nos.629 and 630 of 2026 have been filed by the State as against the fixation of Rs.2000/- per cent. The subject lands are part of 3/8

10.99.0 Hectares situated in Kattupalli Village, Ponneri Taluk, Thiruvallur District and they were acquired by the Government of Tamil Nadu for purpose of setting up a Petro Chem Park by the Tamil Nadu Industrial Development Corporation Limited. The Land Acquisition Officer fixed the compensation at the rate of Rs.150/- per cent. Aggrieved over the same, the matter has been referred to the Reference Court and the claimant claimed Rs.6,000/- per cent. However, Tribunal has fixed Rs.2,000/- per cent. Challenging the said fixation, lands owners have filed A.S.Nos.302 and 303 of 2013 and the State has preferred A.S.Nos.629 and 630 of 2026. Since all these appeals are arising out of the common award, we are inclined to dispose of all these appeals by this common judgment. A notification under Section 4(1) of the Act was issued on 26.06.1998 for acquisition of the land for the purpose stated above.

3. Before the reference Court, on behalf of the claimant, PW1 was examined and Ex.C1-Sale Deed bearing Document No.7783 of 1997 was marked. On the side of the respondents, RW1 was examined and Exs.R1 to R3 were marked.

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4. The Reference Court, relying upon the sale deeds of the year 1997, was of the view that the market value of the property is around Rs.3,200/- per cent even in the year 1997, prior to the acquisition. Having come to the conclusion that the value is more than Rs.3,200/- per cent, the Reference Court has fixed only Rs.2,000/- per cent as compensation.

5. The learned counsel for the appellant in A.S.Nos.302 and 303 of 2013 / land owners, would mainly contend that this Court in the connected matters arising out of the same acquisition proceedings in A.S.Nos.18 to 22 and A.S.Nos.61 to 67 of 2015 has enhanced the compensation to Rs.3,200/- per cent. Thereafter, a Division bench of this Court in A.S.No.45 to 59 of 2015 in and vide judgment dated 24.06.2015 also considered the sale deed dated 08.10.1997 marked as Ex.C1, which is much prior to the 4(1) notification and confirmed the fixation of Rs.3,200/- per cent and dismissed the appeals filed by the Government. This judgment has reached the finality. Therefore, we are of the view that when a sum of Rs.3,200/- per cent is fixed for the lands acquired under the very same notification in the very same village, we cannot apply different yard stick to the present claimants. As early as in the year 2015, this Court has fixed the value of Rs.3,200/- per 5/8

cent. The trial Court having found that value of the land is more than Rs.3,200/- per cent, ought to have taken into account the data sale deed filed by the land owners, which is prior to the notification issued under Section 4(1) of the Act. That apart, it is relevant to note that in the very same acquisition proceedings, this Court in A.S.Nos.45 to 59 of 2015 has enhanced the compensation to Rs.3,200/- per cent. The said judgment has not been challenged and the same has attained finality. Therefore, there cannot be any discrimination in awarding compensation since survey numbers are one and the same and the properties are also situate in the same village. Hence, we also allow a sum of Rs.3,200/- per cent by taking into consideration Ex.C1-Sale Deed. It is submitted by the learned Special Government Pleader that a sum of Rs.

14,56,50,729/- has already been deposited before the Subordinate Judge, Ponneri, which in turn has been deposited in State Bank of India on 01.07.2013. The interest shall be calculated till the date of deposit and thereafter, the interest accrued in the deposit shall also be paid to the claimants with all other statutory benefits.

6. Accordingly, A.S.Nos.302 and 303 of 2013 are allowed and A.S.Nos.629 and 630 of 2026 are dismissed. The balance amount shall be deposited within a period of four months from the date of receipt of a copy of this order. Registry is directed to refund the excess court fee, if any paid. In all other aspects, the judgment of the reference Court is confirmed. There shall be no order as to costs.

[N.S.K.,J.] [M.J.R.,J.] 30.06.2026 Index: Yes/No gpa To

1. The Subordinate Judge, Ponneri Thiruvallur District

2. The Section Officer VR Section Madras High Court 7/8

N.SATHISH KUMAR, J., AND M.JOTHIRAMAN, J., gpa & A.S.Nos.629 and 630 of 2026 30.06.2026 8/8