The Secretary, v. Vasantha
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mrs.JUSTICE R.HEMALATHA and Members:
Mr.V. Arumugam, District Judge (Retd.) Mrs. A. Alamelu, Advocate A.S.No.1145 of 2015 and MP.No.1 of 2015 (This Appeal Suit is filed against the Judgment and Decree dated 29.06.2015 made in L.A.O.P.No.247 of 2013 on the file of the Special Sub Court (LAOP Cases) at Cuddalore) The Secretary, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli -1.
...Appellant/2nd respondent Vs.
1.Mrs.Vasantha ...1st Respondent / Claimant 2.The Special Tahsildar No.3, Land Acquisition, Neyveli -2.
...2nd Respondent / 1st respondent This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.N.Nithianandam, the learned counsel for the appellant and the 1st and 2nd respondents appeared party-in-person are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT The learned counsel for the appellant is present. The respondents are appeared as party-in-person.
2. The Neyveli Lignite Corporation Limited acquired the lands in Periyakurichi Village, Vridhachalam Taluk, Cuddalore District for expansion of mine-1, vide G.O.No.771, Industrial Department, dated 02.06.1998 and thereafter following procedures as laid down in the Land Acquisition Act, 1894. The Notification under Section 4(1) of the Land Acquisition Act was published in Tamil Nadu Gazette, dated 19.09.1996 an amount was fixed at Rs.4,192.54/- was paid for 5 cents (0.020242 hect) of land belonging to the claimant/land owner. Thereafter, on reference under Section 18(1) of Land Acquisition Act, 1894, the Special Sub Judge, LAOP Cases, Cuddalore enhanced at Rs.25,000/- per cent. Apart from that granting 30% solatium under Section 23 (1A) of the Land Acquisition Act, 1894.
3. It is also represented that the respondents should pay the interest at the rate of 9% per annum for the excess amount for the past one year period from the date of possession of the land and further interest at the rate of 15% per annum till the excess amount is made paid to the claimants as per Section 28 of the Land Acquisition Act.
4. Now the parties have agreed for a sum of Rs.20,500/- per cent and the total amount of Rs.98,302.83/- for 5cents (0.020242 hect) to be paid to the land owner and the same is accepted by the land owner who is present before the Nation Lok Adalat and the same is recorded.
5. This is further represented that this amount is the lumpsum amount without any interest. The amount of Rs.98,303/- was paid by way of cheque, dated 11.11.2022, Cheque No.157948 handed over to the claimant.
6. In accordance with the terms of the joint compromise, the appeal suit is disposed of. Consequently, connected miscellaneous petitions are closed.
The Secretary, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli -1.
Counsel for the appellant 1.Mrs.Vasantha ...1st Respondent / Claimant 2.The Special Tahsildar No.3,
Land Acquisition, Neyveli -2.
...2nd Respondent / 1st respondent R.HEMALATHA,J.
ssi This National Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To:
The parties/Advocate concerned Copy to:
1. The Special Sub Court (LAOP Cases), Cuddalore. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies A.S.No.1145 of 2015
12.11.2022