Madras High CourtAS/385/2016partly allowed

Mohamed Salim v. The Union Of India Rep By

2021-12-08Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2021

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN A.S.Nos.385 to 387 of 2016 A.S.No.385 of 2016 Mohamed Salim ..Appellant/Claimant vs.

1.The Union of India rep. By The Secretary to Government (Revenue), Pondicherry.

2. Dy. Collector (Revenue) CUM The Land Acquisition Officer, ..Respondents/Respondents PRAYER: Appeal under Section 54 of the Land Acquisition Act, 1894, to set aside the award passed in LAOP.No.6 of 2011 dated 30.01.2013 on the file of the District Judge at Karaikal and enhance the market value of compensation at Rs.10,000/- per Are from Rs.7,000/- per Are i.e., by increasing Rs.3,000/- per Are, in modification of the award passed in LAOP.No.6 of 2011 for the lands acquired from the appellant to the extent of 1 hectare 64 Ares and 90 Centiars comprised in R.S.Nos.176/2B/1 and 176/2B/3 situated in Vanjore Revenue Village, Karaikal, together with all other statutory benefits and costs throughout. A.S.No.386 of 2016 Iynul Marlia ..Appellant/Claimant vs.

1.The Union of India rep. By The Secretary to Government (Revenue), Pondicherry.

2. Dy. Collector (Revenue) CUM The Land Acquisition Officer, ..Respondents/Respondents PRAYER: Appeal under Section 54 of the Land Acquisition Act,

1894, to set aside the award passed in LAOP.No.7 of 2011 dated 30.01.2013 on the file of the District Judge at Karaikal and enhance the market value of compensation at Rs.10,000/- per Are from Rs.7,000/- per Are i.e., by increasing Rs.3,000/- per Are, in modification of the award passed in LAOP.No.7 of 2011 for the lands acquired from the appellant to the extent of 1 hectare 22 Ares and 57 Centiars comprised in R.S.Nos.172/2/2 and 172/2/C situated in Vanjore Revenue Village, Karaikal, together with all other statutory benefits and costs throughout. A.S.No.387 of 2016 Fathima Gani ..Appellant/Claimant vs.

1.The Union of India rep. By The Secretary to Government (Revenue), Pondicherry.

2. Dy. Collector (Revenue) CUM The Land Acquisition Officer, ..Respondents/Respondents PRAYER: Appeal under Section 54 of the Land Acquisition Act, 1894, to call for the entire records pertaining to the award passed in LAOP.No.9 of 2011 dated 30.01.2013 on the file of the District Judge at Karaikal and enhance the market value of compensation at Rs.10,000/- per Are from Rs.7,000/- per Are i.e., by increasing Rs.3,000/- per Are, in modification of the award passed in LAOP.No.9 of 2011 for the lands acquired from the appellant to the extent of 2 Hectares 87 Ares and 41 Centiars comprised in R.S.Nos.172/2/C/1, 176/2/C/3 and 172/3/A situated in Vanjore Revenue Village, Karaikal, together with all other statutory benefits and costs throughout. For Appellant :Mr.R.Natarajan in all the Appeals For Respondents :Mrs. G. Djearany, in all the Appeals Government Advocate (Pondy) COMMON JUDGMENT These First Appeals are filed to set aside the judgments and decrees passed by the District Judge at Karaikal , in the LAOP.Nos.6 and 7 of 2011 and to call for the entire records

pertaining to the award passed in LAOP.No.9 of 2011 dated 30.01.2013.

2. The learned counsel on either side have submitted that the issue involved in this appeal is squarely covered by the Common Judgment of this Court, dated 20.03.2014, made in a batch of First Appeals in A.S.Nos.568 to 1037 of 2012.

3. Following the said Judgment of this Court dated 20.03.2014 made in a batch of First Appeals in A.S.Nos.568 to 1037 of 2012, these First Appeals are allowed in part enhancing the value by Rs.1500/- per Are thereby fixing the amount at Rs.8,500/- per Are (i.e., Rs.7000/- + Rs.1500/- = Rs.8,500/-). In all other respects, as regards the other statutory benefits, viz., solatium and interest, the orders of the Reference Court stand confirmed. However, there shall be order as to costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar gv To 1.The District Judge, +3cc to Mr.R.Natarajan, Advocate SR.No.64751, 64752, 64753 +1cc to the Government Pleader SR.No.65225 A.S.Nos.385 to 387 of 2016 GJ(CO) GN(06/01/2022)