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Madras High CourtAS/168/2020partly allowed

The Special Tahsildar (La) v. Kothainayaki Ammal

2020-02-07Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.S.No.168 of 2020 and C.M.P.No.2555 of 2020

1. The Special Tahsildar (LA), Chennai Export Processing Zone, Saidapet, Chennai - 600 015.

2. The Development Commissioner, MEPZ, Kadaperi, Tambaram, Chennai - 600 045.

.. Appellants/Referring Officer/ 2nd Respondent Vs.

Kothainayaki Ammal ... Respondent/Claimant PRAYER:

Appeal under Section 54 of the Land Acquisition Act, against the judgment and decree made in LAOP No.465 of 1987 dated 31.08.2000 of the Learned Subordinate Judge, Poonamalle. For Appellants : Mr.J.Balagopal Special Government Pleader(AS)

JUDGMENT

The appeal suit is filed, challenging the judgment and decree passed in Land Acquisition Original Proceeding No.465 of 1987 dated 31.8.2000.

2. The Land Acquisition Officer has fixed the compensation at Rs.145/- per cent. The said compensation was enhanced by the LAOP Court to Rs.4,875/- (Rupees Four Thousand Eight Hundred and Seventy Five only) based on the sale deed registered before the Office of the Registrar.

3. Challenging the said enhancement, the appeal suit is filed by the Special Tahsildar(Land Acquisition), Chennai Export Processing Zone, Saidapet, Chennai and this Court in respect of the other connected appeal suits, passed an order fixing the compensation as Rs.2,500/-(Rupees Two Thousand and Five Hundred only) per cent and accordingly, the said judgment was implemented. This Court fixed the compensation by considering the documents as well as the materials produced by https://hcservices.ecourts.gov.in/hcservices/ Page numbers

the respective parties before the Court.

4.In view of the fact that in respect of the common judgment and decree regarding the acquisition proceedings in the same location, this Court has fixed the compensation at Rs.2,500/-(Rupees Two Thousand and Five Hundred only)per cent. This Court is of an opinion that the said judgment is to be followed in respect of the present appeal suit also.

5. Accordingly, the judgment and decree passed by the Trial Court in LAOP.No.465 of 1987 dated 31.08.2000 is modified to the extent of reducing the compensation amount to Rs.2,500/- (Rupees Two Thousand and Five Hundred only) per cent and the appellants shall pay the same to the land owners within a period of twelve (12) weeks from the date of receipt of a copy this judgment with all other statutory benefits.

6. With this modification, the appeal suit is allowed in part. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Kak To 1.The Subordinate Judge, Poonamallee.

2.The Special Tahsildar(LA) Chennai Export Processing Zone Saidapet, Chennai.

3.The Section Officer, V.R.Section High Court, Madras.

+1cc to the Spl.Govt Pleader(AS), SR.10963 AS.No.168 of 2020 AK(CO) CB(07/01/2021) https://hcservices.ecourts.gov.in/hcservices/ Page numbers