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Madras High CourtREV.APPL/64/2016disposed of

K.N.Sampath, v. The Special Thasildar,

2016-08-18Honourable Mr Justice M.Duraiswamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY Review Application Nos.64, 65, 67 and 68 of 2016 K.N. Sampath ... Petitioner in Rev.Appln. No.64/2016 G. Seethadevi ... Petitioner in Rev.Appln. No.65/2016 P. Venkatarathinamma (deceased) by her legal representative P. Balakrishna (Accepted cause title as per the order of this court dt.25.4.2016 in MP No.1/2013 in Rev.Appln.

SR.No.20224/2013) .... Petitioner in Rev.Appln. no.67/2016 P. Seshiah (deceased) rep by his Legal representative P. Balakrishna (Accepted cause title as per the order of this Court dt 25.4.2016 in MP No.1/2013 in Rev.Appln.

SR No.20237/2013) ... Petitioner in Rev.Appln.No.68/2016 vs

1. The Special Thasildar, (Land Acquisition Officer), CMDA, Chennai - 600 008

2. The Chief Executive Officer, CMDA, Egmore, Chennai - 600 008 .... Respondent in all the Review Applications

Review Applications filed under Order 47 Rule 1 read with 114 of the Civil Procedure Code to review the judgment and decree dated 26.08.2010 in the Appeal Suit in A.S.Nos.706/2010, 866/2009, 872/2009 and 873/2009.

For Petitioner : Mr.K. Padmanabhan For 1st Respondent : Mr.P. Gunasekaran AGP (CS) For 2nd respondent : No appearance COMMON ORDER Heard both sides.

2.

The appellants in A.S.Nos.706/2010, 866/2009, 872/2009 and 873/2013 have filed the above Review Applications to review the judgment and decree dated 26.08.2010, passed in above the first appeals.

2.

It is not in dispute that the Acquiring authority fixed the compensation at Rs.407/-per sq.ft. On reference made by the claimants, the compensation was enhanced to Rs.825/-per sq.ft, by common judgment dated 29.12.2008. Challenging the Award passed by the Reference Court, the Review Applicants have filed the above appeals before this Court and this Court, by judgment dated

26.08.2010, enhanced the compensation from Rs.825/-per sq.ft to Rs.1,100/-per sq.ft.

3.

The learned counsel appearing for the petitioners submitted that in paragraph-15 of the judgment, this court found that the Award of Rs.825/-per sq.ft, by the Reference Court, based on the Award passed in LAOP No.14/2002, is clearly on the lower side and that having given such an observation, this Court should have awarded Rs.2,000/-per sq.ft, which was claimed by the claimants. According to the learned counsel, appearing for the applicants, it is an error apparent on the face of the record, warranting interference by this Court in the Review Applications. The learned counsel appearing for the petitioners have also relied upon the judgment of this Court dated 05.02.2013 made in A.S.Nos.961/2010 and 37/2012, wherein, the Division Bench of this Court, in respect of the same Notifications dated 25.09.2001 and 26.09.2001, enhanced the compensation from Rs.825/- per sq.ft to Rs.1260/- per sq.ft in respect of the lands covered under the same Sec.4(1) Notification. 4.

Mr.P. Gunasekaran, learned Additional Government pleader, appearing for the first respondent, fairly submitted that the

Review Applicants are entitled to get the enhanced compensation at the rate of Rs.1260/-per sq.ft, in view of the judgment of the Division Bench of this court dated 05.02.2013.

5.

While disposing of the appeals in A.S.Nos.961/2010 and 37/2012, this Court also relied upon the judgment and decree passed in A.S.No.740/2010 dated 15.09.2011, wherein, another Division Bench of this Court fixed the compensation at Rs.1260/-sq.ft, in respect of the same Notification.

6.

Having regard to the submissions made by the learned counsel on either side, in view of the judgment made in A.S.Nos.961/2010 and 37/2012 dated 05.02.2013, I am of the view that the compensation awarded by this Court in the above First Appeals have to be modified, by fixing the compensation at Rs.1260/- per sq.ft.

7.

This Court is bound by the judgments of the Division Bench of this Court. In view of the same, the compensation, fixed by this Court at Rs.1100/-per sq.ft is modified to Rs.1260/- per sq.f.t.

8.

In other aspects, the judgment and decree, passed by this Court, in the above Appeals, shall remain unaltered. With these observations, all the Review Applications are disposed of. No costs. 18-08-2016 sr Index:no website:yes

M. DURAISWAMY,J., sr Rev.Appln Nos.64, 65, 67 and 68 of 2016 18-08-2016