The Tahsildar v. V.Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN & THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S.Nos. 513 to 527 of 2015 and 537 of 2015 and M.P.Nos.1, 1 and 2 pf 2015 and 1 and 2 of 2013 and M.P.No.2 of 2013 in AS.SR.85548 of 2012 W.P.No.36612 of 2015 and A.S.No.513 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, ..Appellant/1st Respondent Vs

1. V.Saravanan ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

.. 2 & 3 Respondents/2 & 3 Respondents A.S.No.514 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent

Vs 1.Askar Basha ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents /2 & 3 Respondents A.S.No.515 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.S.Jawahar ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents/2 & 3 Respondents A.S.No.516 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs M.Mahalingam (Deceased) ..Claimant 1.Nava Silambarasan

2.Kalai Tamilselvi 3.Jeeva Selvalakshmi ..1 to 3 Respondents 4.The Divisional Engineer, National Highways, Salem - 5.

5.The Project Director, National Highways Authority of India, Karur - 2.

..4 & 5 Respondents/2 & 3 Respondents A.S.No.517 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs M.Mahalingam (Deceased) M.Mylvahanam (Deceased) ..Claimant 1.Nava Silambarasan 2.Kalai Tamilselvi 3.Jeeva Selvalakshmi 4.Sridevi W/o. Mayilvahanam 5.Gokularasu (Minor) S/o. Mayilvahanam 6.Tamilarasi (Minor) D/o. Mayilvahanam (Respondents 5 and 6 are represented by NFG Sridevi, mother of 6th claimant.) ..1 to 7 Appellants

7.Papayi Mother of Mayilvahanam 8.The Divisional Engineer, National Highways, Salem - 5.

9.The Project Director, National Highways Authority of India, Karur - 2.

..8 & 9 Respondents/2 & 3 Respondents A.S.No.518 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.S.Kumarasamy ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents/2 & 3 Respondents A.S.No.519 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs R.Raju (Deceased) ..Claimant

1.Poongodi 2.Vincent 3.Velmurugan 4.Sasikumar ..1 to 4 Respondents 5.The Divisional Engineer, National Highways, Salem - 5.

6.The Project Director, National Highways Authority of India, Karur - 2.

.. 5 & 6 Respondents/2 & 3 Respondents A.S.No.520 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.P.Loganathan ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents/2 & 3 Respondents A.S.No.521 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent

Vs 1.P.Kaliyappan ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents /2 & 3 Respondents A.S.No.522 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.P.Mangani ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

.. 2 & 3 Respondents/2 & 3 Respondents A.S.No.523 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.K.Kanagaraj ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents/ 2 & 3 Respondents A.S.No.524 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.J.Jeyalakshmi 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents/2 & 3 Respondents A.S.No.525 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.Tamilarasi ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents /2 & 3 Respondents

A.S.No.526 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.R.Rajendran ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents /2 & 3 Respondents A.S.No.527 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs 1.R.Ettikkan ..1st Respondent/Claimant 2.The Divisional Engineer, National Highways, Salem - 5.

3.The Project Director, National Highways Authority of India, Karur - 2.

..2 & 3 Respondents /2 & 3 Respondents

A.S.No.537 of 2015:

The Tahsildar, Namakkal, Formerly the Special Tahsildar (LAO), Bye Pass Road, .. Appellant/1st Respondent Vs R.Murugan (Deceased) ..Claimant 1.S.Y.Shiyamala 2.M.Sundaravadivu 3.Gowri Sundar (Minor) (By Guardian Mother Shiyamala) ..1 to 3 Respondents 4.The Divisional Engineer, National Highways, Salem - 5.

5.The Project Director, National Highways Authority of India, Karur - 2.

.. 4 & 5 Respondents/2 & 3 Respondents Prayer: Appeal suits filed under Section 54 of the Land Acquisition Act, against the common judgment and decree passed in L.A.O.P.Nos.3, 4, 6, 7, 8, 9, 10, 11 of 1996, L.A.O.P.Nos.10 and 12 of 1997, L.A.O.P.Nos.12 and 13 of 1996, L.A.O.P.Nos.13, 14, 15 and 11 of 1997, dated 27.4.2012 on the file of the learned Subordinate Judge, Namakkal.

For Appellant : Mr. J. Bala Gopal Spl. Govt. Pleader (AS) (In all the appeals) For Respondents\ claimants : Mr.N.Subramaniyam for R1 to R3 (In A.S.Nos.516 and 517 of 2015) Ms.P.T.Asha for Sarvabhauman Associates for R1

(In A.S.Nos.525, 526 & 527 of 2015) and for R.1 to R.3 ( In A.S.No.537 of 2015) Mr.R.Karthikeyan for R1 (In A.S.No.521 of 2015) Mr.P.Wilson, S.C for M/s P.Wilson Associates for R.2 and R.3 (In A.S.Nos.513 to 515, 518, 520 to 527 of 2015) for R.4 and R.5 (In A.S.Nos. 516 and 537 of 2015) for R.8 and R.9 (In A.S.No.517 of 2015) for R.5 and R.6 (In A.S.No.519 of 2015) W.P.No.36612 of 2015:

Ramasamy @ Posungan .. Petitioner Vs.

1.The District Collector, 2.The Land Acquisition Officer and Tahsildhar, 3.The National Highways Authority of India, O/o The Project Director, Project Implementation Unit, No.7, Kamadhenu Nagar, Karur 639 001.

.. Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Certiorarified Mandamus to call for the records of the third respondent relating to the proceedings bearing No.NHAIPIU/Karur/NH-7/NK/Vallipuram Village/2015/636 dated 20.07.2015, quash the same and direct the respondents to pay the compensation as per the Award in ROC No.19200 of 2013/A15 dated 3.07.2013.

For Petitioner ... Mr.N.Subramaniyan For Respondents ... Mrs.A.Sree Jayanthi, Spl. G.P. for R.1 and R.2

Mr.P.Wilson for M/s. P.Wilson Association for R.3 C O M M O N J U D G M E N T P.VELMURUGAN, J.

These appeals have been filed by the Land Acquisition Officer under Section 54 of the Land Acquisition Act, 1894, challenging the enhancement of compensation granted by the learned Subordinate Judge, Namakkal in L.A.O.P.Nos.3, 4, 6, 7, 8, 9, 10, 11 of 1996, L.A.O.P.Nos.10 and 12 of 1997, L.A.O.P.Nos.12 and 13 of 1996, L.A.O.P.Nos.13, 14, 15 and 11 of 1997, dated 27.4.2012 respectively.

The writ petition has been filed to call for the records of the third respondent relating to the proceedings bearing No.NHAI-PIU/Karur/NH-7/NK/Vallipuram Village/2015/636, dated 20.07.2015, and after quashing the same, to direct the respondents to pay the compensation as per the Award in Roc. No.19200/2013/A15, dated 30.07.2013.

2. The Divisional Engineer (N.H), Salem has initiated proceedings for acquisition of lands measuring to an extent of 11-47-0 Hectares in Vallipuram Village, (Reach 11), Namakkal Taluk for the formation of Bye Pass Road to N.H.7. The Government of Tamilnadu has approved the proposal for formation of Bye-pass Road to N.H-7 under G.O.Ms.No.1242, P.W.(Highways) Department, dated 24.08.1993. Subsequently, as per order in G.O.Ms.No.613, P.W.H.1, dated 22.06.1994, the Government accorded administrative sanction for the acquisition of land for formation of Bye-pass Road to N.H-7.

4. Pursuant to the aforesaid G.Os., The Divisional Engineer (N.H), Salem sent a requisition for acquisition of a total extent of 11.47.0 Hectares of lands in Vallipuram Village (Reach 11), Namakkal Taluk for the formation of Bye Pass Road to N.H.7.

5. Section 4(1) notification was approved in G.O.Ms.No.1242, dated 24.08.1993 and it was published in the Government Gazette on 22.09.1993. Section 4(1) notification was also published in Tamil newspapers viz., "Makkal Kural" and "Kumari Murasu" on 23.09.1993. The substance of the above notification was published in the village on 25.10.1993. Section 5-A enquiry was conducted on 15.04.1994. Section 6 declaration was published in the Government Gazette on 20.07.1994 and in the newspapers viz., Dina malar and Makkal Kural on 21.07.1994.

6. The lands measuring to an extent of 11-47-0 Hectares situate in Vallipuram Village, Reach II, Namakkal Taluk, Salem District in S.F.Nos.123, 124, 125, 127, 128, 129, 131, 135, 136,

233, 235, 237, 244, 245, 251, 253, 254 and 255 were acquired under the said notification. The lands covered under the acquisition were classified as Government Dry lands and Manavari dry lands.

7. The Land Acquisition Officer has passed an Award in Award No.3 of 1995 dated 29.09.1995, fixing the market value at Rs.58,823/- per Hectare for Manavari Dry lands and Rs.61,475/- per Hectare for irrigated Dry lands.

8. In order to determine the market value of the lands under acquisition, sales statistics for the period of three years from 25.10.1990 to 24.10.1993 have been gathered. Totally, 95 sales had taken place during the said period. The Land Acquisition Officer (LAO) has examined those sale deeds for fixing the market value for the land under acquisition. He discarded several sales, as they were far away from the lands under acquisition or on the ground that the rates do not reflect the prevailing rate of lands.

9. The Land Acquisition Officer, has taken the sale deed shown at Sl.No.16 dated 08.06.1991 (Document No.829) in the sales statistics measuring to an extent of 1.27.5 Hectares or 3.15 Acres of dry land in S.F.Nos.277/3A1, 3B, 5A and 5B of Vallipuram village, which was sold for Rs.75,000/- i.e. Rs.58,823/- per Hectare or Rs.23,814/- per acre. Since the land situate in S.F.Nos.277/3A1, 3B, 5A and 5B were identical to the Manavari Dry lands under acquisition and represents the prevailing market rate of Manavari Dry lands under acquisition, the above sale, has been taken as the basis for fixing the market value for the acquired land. The Land Acquisition Officer fixed the value at Rs.58,823/- per hectare for Manavari Dry lands.

10. Insofar as the irrigated Dry lands are concerned, the Land Acquisition Officer has taken document in Sl.No.27 from the sales statistics. The land with an extent of 1.21.5 Hectares (or) 3.011⁄2 comprised in S.No.254/3, 6, 8A of Vallipuram village has been sold for Rs.75,000/- under Document No.949, dated 28.06.1991, which would come to Rs.61,475/- per Hectare (or) Rs.24,888/- per acre. The Land Acquisition Officer was of the view that the land in S.F.Nos.254/3, 6, 8A and the Dry lands under acquisition are identical in all respects and therefore, the above sale which took place on 28.06.1991 (Document No.949) has been taken for fixing the market value for the irrigated Dry lands under acquisition and fixed the value at Rs.61,475/- per hectare. The LAO has also fixed appropriate value for the trees.

11. In view of the objection raised by the land owners, reference under Section 18 of the Land Acquisition Act was made. The references were taken on file in L.A.O.P.Nos.7 & 8 of 1996.

The Reference Court took both the L.A.O.Ps. together and disposed it of by common judgment on 28.04.1999. Before the Reference Court, the Special Tahsildar (Land Acquisition) and the Divisional Engineer, National Highways, Salem alone were the respondents. The Requisitioning Body / Beneficiary for which the lands were acquired viz., National Highways Authorities of India (NHAI) was not made as a party.

12. In the Reference Court, Claimant, Mahalingam - Power Agent (Claimant in L.A.O.P.No.7 of 1996 and 1st Claimant in L.A.O.P.No.8 of 1996) was examined as C.W.1 and purchasers of adjacent land were examined as C.Ws.2 to 8 respectively. On the side of Claimant, Exs.C.1 to C.24 were marked. One Chandrasekaran, the Special Tahsildar (LAO) was examined as R.W.1. Exs.R.1 to R.3 were marked on the side of Land Acquisition Officer.

13. The Reference Court has taken into consideration Ex.C.3sale deed (Document No.1369 dated 25.8.1993) in which 600 sq.ft. comprised in S.F.Nos.251/2A2, 2B2, 2A1, 2B1 was sold for Rs.45,000/- by Ramachandran, Power of Attorney of one Doss in favour of one Marimuthu and accordingly, the market value of the acquired lands was fixed at Rs.75/- per sq.ft. The Reference Court has also referred to Ex.C.2-sale deed dated 19.01.1993, in which an extent of 500 sq.ft. in S.F.Nos.251/2A1, 2B1, 2A2, 2B2 was sold for Rs.50,000/-. After taking Ex.C3-sale deed for fixing the market value, Reference Court (i) enhanced the compensation at Rs.75/- per sq.ft. and granted the claimants all the statutory benefits.

14. Challenging the enhancement of compensation, the LAO/ Special Tahsildar (LA) and the Divisional Engineer, National Highways (not National Highways Authorities of India) have preferred Appeals in A.S.Nos.386 and 387 of 2000 before this Court. The Division Bench of this Court after perusing the judgment dated 28.04.1999 passed by the learned Subordinate Judge, Namakkal opined that there had been protests and demonstrations demanding bye-pass road to Namakkal town even from 1991. This Court, on a perusal of the additional documents, found that on 09.01.1993, administrative sanction was given to the scheme for formation of bye-pass road. Thereafter, Ex.C.2 sale deed (19.1.1993) and Ex.C.3 sale deed (25.8.1993) came into existence. However, for the evidentiary value of the recitals, particularly in respect of the consideration aspect, the documents will have to be examined in the light of the additional documents filed by the National Highways Authorities of India and other documents like other contemporaneous sale deeds.

15. The Division Bench found from the additional documents that for the lands acquired for Master Plan Complex and

Neighbourhood Scheme, the value of the land was fixed at a very lesser rate and it was held that the additional documents are very relevant. Therefore, to grant an opportunity to adduce evidence and to demonstrate its stand in respect of Exs.C.3 and C.2 sale deeds, this Court set aside the judgment dated 28.04.1999 in L.A.O.P.Nos.7 and 8 of 1996 and remitted the matter back to the Reference Court for fresh consideration. The Reference Court was directed to receive the documents filed by the National Highways Authorities of India and afford opportunity to both the parties to adduce oral and documentary evidence and consider the matter afresh and pass appropriate orders preferably within a period of six months.

16. Thereafter, the Reference Court, after affording opportunity to both the parties and after considering the arguments advanced by the learned counsel on either side and on perusing the oral and documentary evidence, passed the common judgment dated 27.4.2012 fixing the value of the acquired land at Rs.80/- per sq.ft. Aggrieved by the judgment and decree dated 27.04.2012, the present appeals have been preferred by the Tahsildar Namakkal (Formerly the Special Tahsildar (LAO).

17. In the connected proceedings, on the side of the claimants, one Kaliappan was examined as P.W.1 and two documents were marked as Exs.A.1 and A.2. On the side of the respondents, one Thirugnanam Tahsildar, Namakkal was examined as R.W.1 and three documents were marked as Exs.R.1 to R.3. One Ramasamy was examined as C.W.1 and three exhibits were marked as C.1 to C.3. On the side of the third respondent, eight exhibits were marked.

18. W.P.No.36612 of 2012 has been filed to call for the records of the third respondent relating to the proceedings bearing No.NHAI-PIU/Karur/NH-7/NK/Vallipuram Village/2015/636, dated 20.07.2015, seeking to quash the same and direct the respondents to pay the compensation as per the Award in Roc. No.19200/2013/A15, dated 30.07.2013.

19. The petitioner in W.P.No.36612 of 2012 made a representation dated 13.07.2015 to the National Highways Authority of India, O/o The Project Director, Project Implementation Unit, No.7, Kamadhenu Nagar, Karur 639 001 seeking payment of the compensation as per judgment dated 28.4.1999. The third respondent by letter dated 20.07.2015 informed the petitioner that as against the the judgment dated 28.04.1999 passed by the learned Subordinate Judge, Namakkal, the Government has preferred appeals before the High Court and hence, payment could not be made. Challenging the same, the subject writ petition has been filed by the petitioner.

20. We have heard the arguments advanced by the learned counsel on either side and perused the entire materials and documentary evidence placed on record.

21. It is found from the records that the lands belonging to the claimants, measuring an extent of 11.47.0 Hectares in Vallipuram Village (Reach 11), Namakkal Taluk were acquired for the purpose of formation of Bye Pass Road to N.H.7 under G.O.Ms.No.1242 - P.W. (Highways) Department, dated 24.08.1993.

22. The Land Acquisition Officer, in the Award No.3/1995, has fixed the market value at Rs.58,823/- per Hectare for Manavari Dry lands and at Rs.61,475/- per Hectare or at Rs.24,888/- per Acre for irrigated dry lands, against which, there was a reference before the Reference Court for enhancement of Award amount. The Reference Court, vide its common judgment and decree dated 28.4.1999 fixed the market value at (i)Rs.75% per sq. ft. and awarded all the statutory benefits. Challenging the award, A.S.Nos.386 and 387 of 2000 have been filed by the appellants. The appeals were allowed by setting aside the judgment dated 28.04.1999 and the matter was remitted back to the learned Subordinate Judge, Namakkal for fresh consideration. The learned Subordinate Judge, Namakkal after considering the matter afresh, fixed the market value for lands at Rs.80/- sq.ft by its common judgment dated 27.04.2012. Aggrieved by the said judgment, the present appeals have been preferred by the Tahsildar, Namakkal.

23. It is seen from the evidence of R.W.1 that 96 sale deeds have been rejected as the lands were commercial property. The sale deed, which was taken as the basis is related to the land situated one kilometre far away from the lands acquired. It is also seen that the lands situated in the data sales and the acquired lands are of the same "Taram" and quality.

24. The Reference Court, after analysing the evidence of both sides, has taken into account Ex.A.2-sale deed dated 23.01.1993, whereby the land was sold at Rs.100/- per sq.ft., Ex.A.3-sale deed dated 25.08.1993 and Ex.A.12-sale deed dated 22.12.1992, relates to sale of lands at Rs.75/- per sq.ft. Those sales took place prior to issuance of notification under Section 4(1). The court has also taken into consideration Exs.A.8, A.9, A.10 and A.11, whereby the lands were sold at Rs.200/- per sq.ft. Accordingly, compensation was fixed at Rs.80/- per sq. for the acquired lands.

25. The documents taken for consideration relate to smaller extent. The lands are situate very nearer to the acquired land. However, the land acquired for formation of Bye-pass Road to N.H.7 is larger in extent i.e. 11.47.0 Hectares. We are of the

view that further deduction should be made towards development charges, taking into account the small extent covered by the data sale and the larger extent acquired.

26. Accordingly, we modify the award by fixing the land value at the rate of Rs.67/- per sq. ft.

27. In the result, (i) The appeals are partly allowed. No costs. (ii) The market value of land is redetermined at Rs.67/- per sq.ft.

(iii)Theappellant is directed to pay the compensation, less the amount already paid to the claimants, within a period of two months from the date of receipt of a copy this judgment.

(iv) The learned Special Government Pleader is entitled to separate fee for the appeals.

28. The first appeals and the writ petitions are disposed of as indicated above. Consequently, the connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar cla/tar To

1. The Subordinate Judge

2. The District Collector

3. The Land acquisition Officer and Tahsildar, Bye pass Road

4. The National Highways Authority of India, O/o The Project Director, Project implementation Writ No.7, Kamadhenu Nagar Karur -639 001.

Copy to The Section officer VR Section, High Court, Madras.

+1 CC to Govt. Pleader sr 22046 +2 Ccs to M/s. Sarva Bhuman Associates sr 22115, 22240. +1 CC to Mr.I. Abrar Md Abdullah, Advocate sr 22298. +1 CC to Mr.N. Subramanian, Advocate sr 22240. A.S.Nos. 513 to 527 of 2015 and 537 of 2015 W.P.No.36612 of 2015 RSY(CO) SP(03/08/2018)