The Special Tahsildar(La) v. Sampathraj Jain

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.S.No.571 of 2016 The Special Tahsildar (LA) Unit - V, Outer Ring Road, Chennai Metropolitan Development Authority, Koyambedu, Chennai 600 092.

.. Appellant / Referring Officer Vs 1.Sampathraj Jain, S/o.Poosalal Jain, No.6, Hanumantharav Road, T.Nagar, Chennai 17.

.. 1st Respondent / Claimant 2.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

.. 2nd Respondent / Beneficiary PRAYER : Appeal filed under Section 54 of the Land Acquisition Act against the Judgment and Decree of the III Additional District Judge, Tiruvallur @ Poonamallee in L.A.O.P.No.429 of 2008 dated 01.07.2015.

For Appellant :Mr.J.Balagopal Special Government Pleader For Respondents:Mr.A.S.Vijay Anand

J U D G M E N T

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) The above appeal has been filed by the Government against the Judgment and Decree of the III Additional District Judge, Tiruvallur @ Poonamalle in L.A.O.P.No.429 of 2008, fixing the compensation payable to the land owner at the rate of Rs.10,000/- per cent as against the amount fixed by the Land Acquisition Officer at Rs.550/- per cent.

https://hcservices.ecourts.gov.in/hcservices/

2.The land loser already filed an Appeal Suit No.951 of 2015 against the fixation of land value at Rs.10,000/- per cent. The said appeal was dismissed by the earlier Division Bench of this Court on 04.03.2019 relying upon the Division Bench Judgment of this Court in The Special Tahsildar Vs. Dr.Fathima Jalal and another passed in A.S.Nos.1 & 2 of 2014 dated 19.03.2019.

3. In view of the dismissal of the appeal filed by the land owner against the very same fixation of land value at Rs.10,000/- per cent by the Sub Court, this Appeal is also liable to be dismissed.

4. Accordingly, this Appeal is dismissed. Since the amount has already been deposited before the lower Court, the same is directed to be paid to the land owner through RTGS within a period of one week from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar sai To 1.The III Additioinal District Judge, Thiruvallur @ Poonamallee.

2.The Special Tahsildar (LA) Unit - V, Outer Ring Road, Chennai Metropolitan Development Authority, Koyambedu, Chennai 600 092.

3.The Member Secretary, Chennai Metropolitan Development Authority, Egmore, Chennai 600 008.

4.The Section Officer, VR Section, High Court, Madras.

+1 cc to Mr.A.S.Vijay Anand, Advocate, S.R.No.52167 A.S.No.571 of 2016 RGN(CO) SSM(22/08/2019) https://hcservices.ecourts.gov.in/hcservices/