The Special Tahsildar (La), v. Poovayammal, (Died)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.12.2023
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN AS.Nos.731 to 733 of 2010 and MP.Nos.1, 2 & 2 of 2010 AS.No.731 of 2010 The Special Tahsildar(L.A.), Salem-Karur Broad Gauge, Railway Line Project, Salem-1 ... Appellant Vs.
1.Poovayammal(died) 3.Selvam 4.Chithra 5.Vimal 6.Mythili 7.Paapathi (Respondents 3 to 7 brought on record as LR's of the deceased R1 vide order of Court dated 07.11.2023 made in CMP.Nos.9835, 9837 and 9839 of 2023 in AS.No.731 of 2010
...Respondents
PRAYER: Appeal Suit is filed under Section 54 of Land Acquisition Act against the judgment and decree of the learned Additional District Sessions 1/8
Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in LAOP.No.119 of 2002 dated 23.05.2003 For Appellant : Mr.G.Velu, Additional Government Pleader(AS) For Respondents For R3 to 7 : Mr.S.Sivakumar For R2 : No appearance R1 : died(steps taken) AS.No.732 of 2010 The Special Tahsildar(L.A.), Salem-Karur Broad Gauge, Railway Line Project, Salem-1 ... Appellant Vs.
1.Ramaswamy Gounder(died) 3.Krishnan 4.Suppan 5.Srinivasan 6.Ponnarasan 7.Vijaya 8.Neela (Respondents 3 to 8 brought on record as LR's of the deceased R1 vide order of Court dated 07.11.2023 made in CMP.Nos.9831, 9829 2/8
and 9825 of 2023 in AS.No.732 of 2010
...Respondents
PRAYER: Appeal Suit is filed under Section 54 of Land Acquisition Act against the judgment and decree of the learned Additional District Sessions Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in LAOP.No.120 of 2002 dated 23.05.2003 For Appellant : Mr.G.Velu, Additional Government Pleader(AS) For Respondents For R3 to 5 : Mr.S.Sivakumar For R2 : Not ready in notice R1 : died(steps taken) AS.No.733 of 2010 The Special Tahsildar(L.A.), Salem-Karur Broad Gauge, Railway Line Project, Salem-1 ... Appellant Vs.
1.Sevaththal(died) 3.Duraiyan 4.Bakkiyam 5.Lakshmi (Respondents 3 to 5 brought on record as LR's 3/8
of the deceased R1 vide order of Court dated 07.11.2023 made in CMP.Nos.9803, 9816 and 9818 of 2023 in AS.No.733 of 2010
...Respondents
PRAYER: Appeal Suit is filed under Section 54 of Land Acquisition Act against the judgment and decree of the learned Additional District Sessions Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in LAOP.No.121 of 2002 dated 23.05.2003 For Appellant : Mr.G.Velu, Additional Government Pleader(AS) For Respondents For R3 to 8 : Mr.S.Sivakumar For R2 : Not ready in notice R1 : died(steps taken) COMMON JUDGMENT All the appeal suits are arising out of the judgment and decree passed in LAOP.Nos.119 to 121 of 2002 respectively on the file of the learned Additional District Sessions Judge & Fast Track Court No.1, Salem.
2. The appellant passed award dated 13.08.1999 thereby fixed the compensation. Without satisfying with the said award, the claimants filed claim 4/8
petitions before the trial court. The trial court enhanced the compensation to Rs.16,38,020/- per acre. Aggrieved by the same, the appellant has filed these appeal suits.
3. On perusal of records, revealed that the properties belonged to the claimants were acquired by the appellant for formation of New Broad Gauge Railway Line between Salem-Karur via Namakkal by invoking the emergency provisions under Section 17(2) of the Land Acquisition Act. In view of the urgency, prior to the publication of notification under Section 4(1) of the Land Acquisition Act, service of notice under Section 6(1) of the Survey and Boundaries Act was completed. The Government in their order No.26 Transport Department dated 25.01.1999 have approved the declaration under Section 6 of the Land Acquisition Act and it was published in the Government Gazette Extraordinary issue No.65 dated 27.01.1999. The notification was published in the village and in the locality on 02.03.1999. The draft direction under Section 7 of the Land Acquisition Act to take order for acquisition of the land was approved by the Collector by the proceedings dated 21.04.1999. Thereafter, their objections were called for from the public prior to the commencement of 5/8
acquisition process and after publication of notification, the claimants appeared for award enquiry and accordingly, award has been passed for the land acquired from the claimants. Accordingly, the award has been passed by the appellant on 13.08.1999. However, for enhancement of the award amount, the claimants filed petitions. The trial court after considering the value of the land, enhanced the vaule of the land to Rs.6,38,020/- per acre. Aggrieved by the same, the appellant also filed review applications before the trial court. All the review applications were also dismissed by the trial court. After exhausting the remedy of review, the appellant has filed these appeal suits as against the original judgment and decree passed in the claim petitions.
4. Now the enhanced amount has also been paid to the claimants as per the judgment and decree passed by the trial court. That apart, on perusal of records, this Court finds no grounds to interfere with the judgment and decree passed by the trial court since already all the issues were rightly dealth with by the trial court and enhanced the compensation. In fact, the review applications were also dismissed by the trial court by order dated 23.05.2003. 6/8
5. In view of the above, all the appeal suits are dismissed and the judgment and decree of the learned Additional District Sessions Judge & Fast Track Court No.1, Salem in Rev.Appln.No.436 of 2003 in LAOP.Nos.119 to 121 of 2002 dated 23.05.2003 are confirmed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs. 13.12.2023 Index : Yes / No Internet : Yes / No Speaking order /Non-speaking order lok To 1.The learned Additional District Sessions Judge & Fast Track Court No.1, Salem 3.Section Officer, V.R.Section, High Court of Madras 7/8
G.K.ILANTHIRAIYAN, J.
lok 13.12.2023 8/8