Land Acquisition Officer v. Chinnammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE MR.JUSTICE M.M.SUNDRESH AND THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY A.S.NO.510 OF 2018 LAND ACQUISITION OFFICER & REVENUE DIVISIONAL OFFICER, DHARMAPURI. ...Appellant/Respondent Vs 1 Chinnammal ...1st Respondent/Claimant 2 POWER GRID CORPORATION OF INDIA LTD., REP BY ITS SENIOR DEPUTY GENERAL MANAGER, MR.GOPI KRISHNAN DHAMAPURAI. ...2nd Respondent (R2 impleaded as per order dated 13.02.2020 in C.M.P.No.3418/2020) Prayer:Appeal filed under Section 54 of the Land Acquisition Act against the Judgment and Decree of the Subordinate Court, Dharmapuri in LAOP No.35 of 2013 dated 22/07/2016.

DECREE:This Appeal coming on for hearing on this day, and having listed Under the Caption for Being Mentioned on 24/09/2020 and upon perusing the grounds of appeal the Judgment and Decree of the Trial Court and the material papers in the suit and upon hearing the arguments of Mr.J.Bala Gopal, Special Government Pleader for the Appellant and of Mr.S.C.Vishwanth, Advocate for the first Respondent and of Mr.R.Ravi, for the second Respondent and this Court while allowing the appeals filed by the Appellant/Land Acquisition Officer by observing that the first respondent/Claimant had received some amount, vide order dated 10/08/2018 made in CMP No.12919/2018 in A.S.No.510/2018 doth order and decree as follows;

i)That the compensation is be and hereby fixed at Rs.6 Lakhs per acre, which shall be at Rs.13.77 per sq ft for the acquired land;

ii)That the First Respondent/Claimant is be and hereby entitled to the Statutory benefits as per the land Acquisition Act including interest and Solatium of 30%; iii)That the 1st Respondent/Claimant shall withdraw the amount, if they are entitled for more amount than that was already received by the 1st Respondent/Claimant, by filing appropriate application before the Reference Court after satisfaction the Judgment and Decree of this Appeal; iv)That the Appellant/Land Acquisition officer is hereby permitted to withdraw the excess amount, if any already deposited before reference Court, after adjusting the amount awarded in this Appeal;

v)That the Special Government Pleader be and hereby is entitled for separate fee in this Appeal;

vi)that there be no costs in this Appeal;

Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Subordinate Judge, Dharmapuri.

2.The Section Officer, VR Section, High Court, Madras-104.

3.The Land Acquisition Officer and Revenue Divisional Officer, Dharmapuri.

+1cc to Mr.R.Ravi, Advocate Sr.13194 +1cc to Mr.S.C.Viswanth, Advocate Sr.12624 Dated:13/02/2020 DECREE A.S.No.510 of 2018 Allowing the Appeal filed under Section 54 of the Land Acquisition Act against the Judgment and Decree of the Subordinate Court, Dharmapuri dated 22/07/2016 in L.A.O.P.No.35/2013 etc., as stated within.

Rv[co] srg 29/09/2021