Iynul Marlia v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED: 08.04.2025 PRONOUNCED: .04.2025
CORAM
THE HON'BLE MR. JUSTICE A.A.NAKKIRAN Review Application No.29 of 2025 in A.S No.386 of 2016 Iynul Marlia ...Applicant/Appellant Vs.
1.The Union of India rep. by The Secretary to Govt.(Revenue) Pondicherry 2.Dy.Collector (Revenue) CUM The Land Acquisition Officer Karaikal.
...Respondents/Respondents
Prayer:- Review Application filed under Section 114 r/w Order 47 Rule 1 of CPC to review the judgment and decree passed in A.S No.386 of 2016 dated 08.12.2021 and recall the same and restore A.S No.386 of 2016 on the file for hearing and disposal in accordance with law. For Applicants : Mr.R.Natarajan For Respondents : Mrs.G.Djearany Government Advocate, Puducherry
ORDER
The appellant in A.S No.386 of 2016 has filed this review application for reviewing the judgment and decree dated 08.12.2021 made in the above first appeal.
2. The learned counsel for the applicant contended that the lands comprised in R.S No.172/2/A and 172/2/C belonged to the applicant/appellant have been acquired for establishment of port at Karaikal and the same has been classified as "Used for Prawn Culture" and the award passed by the 2nd respondent in Award No.8729/B1/2019 on 05.02.2010 is marked as Ex.R1. Dissatisfying with the award passed by the reference court by fixing Rs.7,000/- per Are, the appellant has filed A.S No.386 of 2016 praying for enhancement at the level of Rs.10,000/- per Are by modifying the award passed in LAOP No.7 of 2011 dated 30.01.2013.
3. The learned counsel further contended that at the time of hearing the above first appeal along with connected two other first appeals in A.S Nos.385 and 387 of 2016, this Court in the earlier batch of first appeals
connecting to the very same notification of acquired lands for Port development at Karaikal had fixed at the rate of Rs.8,500/- per Are by modifying the award of the reference Court fixing Rs.7000/- per Are. Since this Court had fixed Rs.7000/- per Are for the lands covered under the very same notification issued in G.O.Ms.No.165 dated 29.12.2005 covering the extent of acquisition of 142.84.18 Hectares in the earlier batch of first appeals in A.S No.568 etc., of 2012 dated 20.03.2014, this Court has followed the said course for disposal of the above first appeal. The respondents have not correctly placed the facts. The first appeals covered in the earlier batch of cases in A.S Nos.568 of 2012 etc. were concerned with vacant lands not used for Prawn Culture.
The acquired lands from the applicant having been classified as "Used for Prawn Culture" in the award passed by the 2nd respondent (Ex.R1) are entitled to be compensated in the same degree at the rate of Rs.10000/- per Are. Since the reference court fixed compensation at the rate of Rs.10,000/- per Are in respect of lands used for prawn culture in LAOP No.3 of 2011 dated 30.01.2013, in LAOP No.37 of 2011 dated 26.04.2013 and in LAOP No.20 of 2012 dated 29.10.
fairness stated that the acquired lands from the applicant having been classified as "Used for Prawn Culture" should be paid with the same level of compensation at Rs.10,000/- per Are together with all other statutory benefits. Hence, he prays to allow the review application.
4. This Court, following the judgment of this Court dated 20.03.2014 made in a batch of first appeals in A.S Nos.568 to 1037 of 2012, had allowed the above first appeal by fixing the compensation amount at the rate of Rs.8,500/- per Are (i.e Rs.7000/- + Rs.1500/-). Aggrieved by the same, the petitioner herein has filed the present Review Application.
5. Heard the learned counsel for the applicant/appellant.
6. The learned Government Advocate, Puducherry appearing for the respondents submitted that she has no objection in allowing this review application.
7. On perusal of award passed by the reference court on 05.02.2010 viz., Ex.R1 would reveal that the lands in R.S No.172/2/A and 172/2/C
owned by the applicant/appellant has been classified as "Used for Prawn Culture". Hence the applicant/appellant is entitled for the enhanced compensation at the rate of Rs.10,000/- per Are for the acquired land accordingly.
8. In the result, the review application is allowed. No costs. .04.2025 uma (2/3)
A.A.NAKKIRAN, J.
uma Pre-Delivery Order in Review Appln. No.29 of 2025 in A.S No.386 of 2016 (2/3) .04.2025