The Land Acquisition Officer/ v. Maruthappa Mudaliar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MRS. JUSTICE N. MALA and M.P.Nos.1, 1 & 1 of 2010 The Land Acquisition Officer/ Special Tahsildar (LA) Unit-I, Bharathiyar University, Coimbatore.
... Appellant in A.S.No.869 of 2010 The Land Acquisition Officer/ Special Tahsildar (LA) Unit-2, Bharathiar University, Coimbatore.
... Appellant in A.S.No.870 of 2010 The Land Acquisition Officer/ Special Tahsildar (LA) Bharathiar University, Coimbatore.
... Appellant in A.S.No.871 of 2010 Vs.
1.Maruthappa Mudaliar Maruthappa Mudaliar (deceased) 2.Ramathaal 3.Shanmugam 4.Kaliappan 5.Ayyasamy 6.Muthusamy 7.Mani 8.Saraswathi 9.Vijaya 10.Ayyasamy 11.A.Rajendran 12.Thangavelu 13.Maruthachalam R.Kandasamy (deceased) 14.Ramasamy Palanisamy (deceased) 15.Ramasamy 16.Velliangiri 17.Krishnasamy Kuppanna Mudaliar (deceased) 18.Ramasamy 19.Venkidusamy Thiruvenkidasamy Mudaliar (deceased) Rangasamy (deceased) Malaiyakkal (deceased) R.Vellingiri (deceased) 20.Selvi Padmavathy 21.M.V.Mathy Muthan Chettiyar (deceased) 22.Kaliyappan 23.M.Ramasamy 24.M.Thangavelu 25.N.Duraisamy
26.N.Ramasamy 27.Subramanian 28.Rangasamy Chettiar 29.S.R.Kuppusamy 30.A.Krishnasamy Ayyammal (deceased) 31.P.Subramaniam 32.V.P.Sivasamy 33.S.Arumugam 34.S.Palanisamy 35.Karuppathal Muthan Chettiyar (deceased) V.Rangasamy (deceased) 36.Nanjappa Chettiyar 37.Krishna Chettiyar 38.Kaliappan 39.Nanjappan 40.Nanjappa Chettiyar 41.Rangasamy 42.Mayilathal M.Arumuga Mudaliar (deceased) 43.A.Ayyasamy 44.A.Maruthachalam 45.Krishnasamy 46.S.Kumarasamy Mudaliar K.Mariappa Mudaliar (deceased) 47.M.Ayyasamy 48.M.Manoharan 49.R.Ayyasamy 50.R.Maruthachalam R.Kandasamy (deceased) 51.N.Ayyasamy 52.N.Muthusamy 53.Mani
54.Saraswathi 55.Vijaya Arumuga Mudaliar (deceased) Othimalai Mudaliar (deceased) 56.A.Ayyasamy 57.A.Nagappan M.Othimalai Mudaliar (deceased) 58.Sarojini 59.Kumarasamy Mudaliar 60.K.Nagappan 61.K.Palanisamy Arumuga Mudaliar (deceased) Nanjammal (deceased) 62.V.P.Venkatesan 63.N.M.Sowrimuthu 64.Sivagami 65.Ayyasamy 66.Vijayalakshmi 67.Rathinam 68.Manoharan 69.O.Kanagaraj 70.N.Vijayalakshmi Ramathal (deceased) 71.Rukmani 72.Thulasiammal 73.Nagammal 74.Kaliappan 75.M.Shanmugam 76.Meenatchi 77.Kamalammal 78.Ayyasamy 79.Nagappan 80.Kanaga @ Maruthakkal 81.O.Raju
82.O.Kanagaraj 83.Palaniammal 84.Baby 85.Savithri 86.Moorthy 87.Santhamani 88.Sathasivam 89.Sutha 90.Kulanthaiammal 91.Rajamani 92.Sundarraj 93.Maragatham 94.Gunasekaran 95.K.Maruthakkal 96.K.Natarajan 97.T.Ponnammal 98.Saraswathi 99.M.Ayyasamy 100.M.Angappan 101.Kaliappan 102.M.Ramasamy 103.Kalamani 104.Bharathimani 105.M.Thangavel 106.The Registrar, Bharathiyar University, Coimbatore.
... Respondents in A.S.No.869 of 2010 Karuppannan (deceased) Vettay Gounder (deceased) Nanjappa Gounder (deceased) Bramma Lingam (deceased) Marudhachalam (deceased)
1.Rangasamy Rangasami Gounder @ Chinnasamy Gounder (deceased) 2.Rangasamy @ Varadhan 3.Manickam @ Balasubramaniyam Elavar Dhanasekaran (deceased) 4.Rangaraj 5.Gunasekaran 6.Muthey Gounder 7.Vettay Gounder 8.Mayilsamy Gounder 9.Vellingiri 10.Subbaiyan 11.Perumal Gounder Nanjappan (deceased) Marudhappan (deceased) 12.Ramaswamy 13.Velusamy 14.R.Periyanna Mudaliyar 15.Periyannan 16.Ranganathan 17.Rangammal 18.Marudhachalam 19.Parvathiyammal 20.Anghathal 21.Marudhakkal 22.Karuppanna Gounder 23.K.Ponnusamy 24.Karuppanna Gounder Marudhachala Gounder (deceased) 25.Rangasamy 26.Maray Gounder 27.Marudhakkal 28.Chinnasamy 29.Mayilsamy
30.Pappathi 31.Chinnamani 32.M.Sivagnanasundaram 33.Parvathi Nithiyanandham (deceased) 34.Karpagam 35.Kumaravel 36.Elavar N.Uma Sankari 37.Thangammal 38.Jothimani 39.Rajammal 40.Devaraj 41.M.Nataraj 42.Kandavel 43.Arumugam 44.Dhanushkodiammal 45.Karthikeyan 46.Murthi 47.Rukmani 48.Muthammal 49.K.Rangaraj 50.Nanjammal 51.Palanisamy 52.Krishnasamy 53.Marudhakkal 54.Marakkal 55.Mailathal 56.Poovathal 57.Karuppathal 58.Velusamy 59.Vijaya 60.Saraswathi 61.Ayyammal 62.Karuppannan
63.Somappa Gounder 64.Arumugam 65.Marudhappan 66.Thangammal 67.The Registrar, Bharathiyar University, Coimbatore.
... Respondents in A.S.No.870 of 2010 1.V.Namachivayam 2.Karunakaran 3.C.Ponnusamy Swamynatha Pandaram (deceased) 4.Sangaral Sadhasiva Pandaram (deceased) 5.Angamuthu 6.Muththan Chettiyar 7.Rangammal 8.M.Ramasamy 9.M.Rangan 10.Arumugam 11.Marudhachalam 12.Rangammal Bakkiyam (deceased) 13.Soundaravalli 14.Gnanapoongodhai Thiripura Sundari (deceased) 15.Angammal 16.Subbulakshmi 17.Sachidhanandham Thirunavukkarasu (deceased) 18.A.Panjalingam
19.C.P.Ravikumar 20.Santhakumari 21.Dhanalakshmi 22.Arulmozhi 23.Selvi Kiruthiga 24.T.Swaminathanm 25.S.Rajini 26.N.Vadivel 27.Viswanathan 28.Ramathilagam 29.Kirubhakaran 30.The Registrar, Bharathiyar University, Coimbatore.
... Respondents in A.S.No.871 of 2010 Common Prayer : Appeal Suits in A.S.Nos.869, 870 & 871 of 2010 filed under 54 of the Land Acquisition Act against the order and decree dated 29.10.2007 in L.A.O.P.Nos.256, 252 and 198 of 1986, respectively, on the file of the I Additional Sub-Court, Coimbatore. For Appellant : Mr.T.Chandrasekaran Special Government Pleader in all appeals For R3, R4, R17, R18, R31 to R34, R43 to R46, R66 to R73 & R75 to R98 : Mr.R.Bharath Kumar
in A.S.No.869 of 2010 For R106 : Mr.C.Vigneswaran, Standing Counsel assisted by Mr.P.Vasantha Kumar in A.S.No.869 of 2010 For R1, R6, R7, R9, R10, R12, R13, R23, R28, R32 to R43, R46, R47, R50, R58, R60, R62, R63 to R66 : Mr.D.Krishna Pradeep in A.S.No.870 of 2010 For R67 : Mr.C.Vigneswaran, Standing Counsel assisted by Mr.P.Vasantha Kumar in A.S.No.870 of 2010 For R2, R3, R7, R16, R24, R26, R27 & R28 : Mr.D.Krishna Pradeep in A.S.No.871 of 2010 For R30 : Mr.C.Vigneswaran, Standing Counsel assisted by Mr.P.Vasantha Kumar in A.S.No.871 of 2010 C O M M O N J U D G M E N T (Judgment was delivered by S.S. SUNDAR, J.)
These three appeals by the Land Acquisition Officer are against the enhancement of compensation made by the Reference Court in respect of the lands acquired by the Government for Bharathiyar University. 2.Vast extent of lands were acquired by the Government for Bharathiyar University in 1980s in Vadavalli and Somayampalayam Villages of Coimbatore District. These three appeals are in respect of lands acquired in Somayampalayam village. Awards were passed in Award Nos.1 of 1985 dated 07.03.1985, 1 of 1984 dated 18.05.1984 and 2 of 1984 dated 21.05.1984, fixing compensation for the lands acquired by the Government in Somayampalayam Village.
3.Aggrieved by the quantum of compensation, several land owners raised objection and filed petition under Section 18 of the Land Acquisition Act, 1894, seeking just compensation by referring the matter to Civil Court. On such reference, the Reference Court, after considering several documents, by a common order and decree, dated 29.10.2007, in L.A.O.P.No.256 of
1986 (against Award No.1 of 1985) fixed the market value at Rs.2,600/- per cent and in L.A.O.P.Nos.252 and 198 of 1986 (against Award Nos.1 of 1984 and 2 of 1984 respectively), fixed the market value at Rs.2,800/- per cent. 4.Aggrieved by the enhancement of compensation, these three appeals are filed by the Land Acquisition Officer.
5.This Court has already considered an appeal in A.S.No.1061 of 2012 [The Land Acquisition Officer, Special Tahsildar Unit-2, Bharathiyar University Coimbatore v. Muthanchettiyar and others, dated 03.11.2022] arising out of L.A.O.P.No.94 of 1987 and confirmed the order of Reference Court fixing compensation at Rs.2,600/- per cent for the lands in Somayampalayam Village of Coimbatore District. Since the above appeals also arise out of the lands acquired in the same village under the same notification, which was the subject matter of earlier appeal in A.S.No.1061 of 2012, and this Court has already, by an elaborate judgment, dismissed the earlier appeal, confirming the market value fixed by the Reference Court at Rs.2,600/-, the appeal in A.S.No.869 of 2010 is liable to be dismissed. In
L.A.O.P.Nos.252 and 198 of 1986, the Reference Court has fixed the compensation at Rs.2,800/- per cent based on the road frontage and also having regard to the location of the land. Therefore, this Court is unable to find fault with the decision of the Reference Court fixing just Rs.200/- more in respect of the lands which are subject matter of L.A.O.P.Nos.252 and 198 of 1986, having regard to the special advantages of the lands. Therefore, this Court is not inclined to interfere with the compensation fixed by the Reference Court in L.A.O.P.Nos.252 and 198 of 1986 also. Hence, A.S.Nos.870 and 871 of 2010 are liable to be dismissed. 6.Accordingly, these three appeals are dismissed, confirming the order and decree of the Reference Court. No costs. Consequently, connected miscellaneous petitions are closed.
(S.S.S.R., J.) (N.M., J.) 07.11.2022 (1/2) mkn Internet : Yes Index : Yes / No
To 1.The I Additional Sub-Judge, Coimbatore.
2.The Land Acquisition Officer/ Special Tahsildar (LA) Unit-1, Bharathiar University, Coimbatore.
3.The Land Acquisition Officer/ Special Tahsildar (LA) Unit-2, Bharathiar University, Coimbatore.
4.The Land Acquisition Officer/ Special Tahsildar (LA) Bharathiar University, Coimbatore.
5.The Registrar, Bharathiar University, Coimbatore.
6.The Section Officer VR Section, High Court, Chennai.
S.S. SUNDAR , J.
and N. MALA, J.
mkn A.S.No.869 to 871 of 2010
07.11.2022 (1/2)