The Special Tahsildar v. M.Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.S.No.949 of 2010 M.P.No.1 of 2010 & M.P.No.1 of 2012 Special Tahsildar, (Adi Dravidar Welfare) Kallakurichi, Villupuram District.

... Appellant/Referring officer -VsM.Mani ... Respondent/Claimant PRAYER: Appeal under Section 54 of Land Acquisition Act to set aside the decree passed in L.A.O.P.No.35 of 1996, dated 30.04.2009, on the file of the Sub-Court, Kallakurichi. For Appellant : Mr.P.Gunasekaran AGP (AS) For Respondent : No Appearance

JUDGMENT

This Appeal was filed by the Special Tahsildar (ADW) Kallakurichi, challenging the award passed by the Land Acquisition Tribunal (Sub Court), Kallakurichi, in LAOP No.35 of 1996, dated 30.04.2009. The parties are hereafter referred to as they are arrayed before the Tribunal.

2. The facts of the case are:- An extent of 1.57.0.hectares of dry land in Sadayampattu village in R.S.No.97/1B - 0.19.0hectares in R.S.No.97/4A -0.06.0hect., and in R.S.No.97/5 - 0.14.5 totally 0.41.5 in half share was acquired for the provision of house sites to the houseless Adi-Dravidars of Sadayampattu village in Award No.5/92-93, dated 23.03.1993. A sum of Rs.1,47,055/- was awarded to the above lands of the claimant Mani. The claimant accepted the compensation subject to objection. On a reference by the Special Tahsildar, Adi Dravidar Welfare, the Land https://hcservices.ecourts.gov.in/hcservices/

Acquisition Tribunal considered the petition and awarded a compensation at Rs.45,000/- per acre. The Tribunal also awarded interest from the date of 4(1) notification to the date of acquisition with cost. Aggrieved against the enhancement of the award, the Special Tahsildar is before this Court in this appeal.

3. The learned Additional Government Pleader Appellate Side fairly submits that the award of the Tribunal may be confirmed.

4. Recording his submissions, the Appeal is dismissed, confirming the award of the Land Acquisition Tribunal (Sub Court), Kallakurichi, in LAOP No.35 of 1996, dated 30.04.2009. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/d- Assistant Registrar(CS II) True Copy Sub-Assistant Registrar To

1. Land Acquisition Tribunal (Sub Court), Kallakurichi,

2. The Section Officer VR Section High Court, Madras +1 Cc to The Govt. Pleader sr 15439 A.S.No.949 of 2010 CA(CO) sp/25/4 https://hcservices.ecourts.gov.in/hcservices/