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Madras High CourtAS/415/2014dismissed

The Special Tahsildar (La) v. Ramasamy,S/O.Kolandha Gounder

2023-12-15Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.S.No. 415 of 2014 and M.P No.1 of 2014 The Special Tahsildar (LA) Salem-Karur Broad Guage Railway Scheme Salem.

....

Appellant Vs

1. Ramasamy 2.The Deputy Chief Engineer (Construction) Southern Railway, Salem-5.

Salem Karur Broad Gauge Railway Scheme.

....

Respondents Prayer:- Appeal Suit filed under Section 54 of the Land Acquisition Act, to set aside the Judgment and Decree dated 19.05.2003 in LAOP No.250 of 2002 on the file of the learned Additional District and Sessions Judge, (Fast Track Court No.I), Salem.

For Appellant : Mr.T.Chandrasekar Special Government Pleader (AS) For R1 : Mr.K.Apnu For R2 : No Appearance

JUDGMENT

This Appeal Suit has been filed as against the Award dated 19.05.2003 passed in LAOP No.250 of 2002 by the Additional District Sessions Court and Fast Track Court No.I, Salem.

2. The appellant is the Acquisition Body which acquired the subject land for public purpose. After acquisition, the appellant passed an Award, thereby fixed compensation at Rs.1,14,490/- per hectare. Without being satisfied with the same, the matter was referred before the Additional District Sessions Court and Fast Track Court No.I, Salem and the claimants filed Claim Petition. The claimants claimed compensation by calculating the value as per the square feet rate. In support of his contention, they marked documents and on considering the documents, which were filed by the claimants, the Additional District Sessions Court and Fast Track Court No.I, Salem, enhanced the compensation at Rs.125/- per sq.ft.

3. Therefore, this Court finds no infirmity or illegality in the Award passed by the Additional District Sessions Court and Fast Track

Court No.I, Salem. Accordingly, this Appeal Suit is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 15.12.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order Lpp To

1. The Additional District and Sessions Judge, Fast Track Court No.I, Salem.

2. The Section Officer, V.R.Section, High Court, Madras G.K.ILANTHIRAIYAN. J,

Lpp A.S.No. 415 of 2014 and M.P No.1 of 2014 15.12.2023