The Special Tahsildar (La), v. M.S.Perumal,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE M. GOVINDARAJ A.S(MD)No.63 of 2015 The Special Tahsildar (LA), South Neighbourhood Scheme, Unit II, Madurai - 20. : Referring Officer/Appellant/1st Respondent Vs.

1. M.S. Perumal : 1st Respondent / Claimant

2. The Executive Engineer, Tamil Nadu Housing Board, Ellis Nagar, Madurai : 2nd respondent/2nd Respondent Prayer: Appeal Suit filed under Section 54 of the Land Acquisition Act, against the Judgment and Decree of the 1st Additional Subordinate Judge, Madurai in L.A.O.P.No.88/89, dated 09.09.1992. For appellant : Mr. J. Gunaseelan Muthiah Additional Government Pleader For 2nd respondent : Mr. R. Janarthanan

JUDGMENT

Challenging the Award passed by the learned I Additional Subordinate Judge, Madurai, in L.A.O.P.No.88 of 1989, dated 09.09.1992, the appellant has preferred the present appeal.

2. According to the appellant, the land was acquired for the purpose of promoting Neighbourhood Scheme by the 2nd respondent herein. The Land Acquisition Officer fixed the market value at Rs.100/- per Cent. Not satisfied with the award passed by the Land Acquisition Officer, the matter was referred under Section 18(2) of the Act, before the Sub Court, Madurai, wherein the market value was fixed at Rs.1,000/- per Cent.

3. The first respondent / claimant has let in evidence to the effect that the acquired land is situated in Madurai - Kanyakumari National Highways and surrounded by Thiyagarajar Mill, Rubber Factory, Civil Supplies Godowns and SIDCO Industrial Estates, as per the Survey No. 34/2, sale deed, dated 20.09.1985, but, the same was later on sold for Rs.1,000/- per Cent and a sale deed, dated 01.02.1985 in S.No.73/S, 5 Cents were sold for Rs.10,000/- and the land in another S.No.80/2, dated 29.12.1984,was sold for Rs.1,000/- per Cent.

4. The land acquired by the appellant falls within S.No.80/6A, the market value of which is around Rs.5,000/-. 1/3

However, the Surveyor, who has examined on behalf of the respondents, would state that the land is situated 1 1⁄2 furlongs from the National Highways and the market value is only from Rs.200/- to Rs.300/- per Cent.

5. Considering the evidence on both sides, the Court below, relying on the previous sale deeds, fixed the market value at Rs.1,000/- per Cent. It is relevant to note that the witness, who deposed on behalf of the appellant, himself deposed that the market value of land in S.No.80/6A is from Rs.200/- to Rs.300/- per Cent, that means the market value one land determined by the Land Acquisition Officer was less or actual market value on the date of acquisition.

6. Considering the documents marked before the Court, potentiality of the land which is surrounded by several Industries, Government buildings and SIPCOT Industrial Estates, the Court below has fixed the value at Rs.1,000/- per Cent. Admittedly, the land is situated in National Highways, which would definitely fetch higher price. Therefore, I do not find any infirmity in the award passed by the Court below.

7. In view of the above discussions, I do not find any merit for consideration in the present appeal suit. Accordingly, the appeal suit is dismissed. No costs.

8. The first respondent / claimant is entitled to all the benefits as awarded by the learned 1st Additional Subordinate Judge, Madurai, in L.A.O.P.No. 88 of 1989, dated 09.09.1992. The Court below is directed to disburse the amount to the first respondent / claimant, if the amount has already been deposited by the second respondent.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) trp Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To

1. 1st Additional Subordinate Judge, Madurai.

2. The Executive Engineer, Tamil Nadu Housing Board, Ellis Nagar, Madurai Copy to:

The Section Officer(2Copies) V.R Section Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SPL GP ( SR-20145[F] dated 15/10/2020 ) +1 CC to M/s.R. JANARTHANAN, Advocate ( SR-20444[F] dated 16/10/2020 ) A.S(MD)No.63 of 2015 14.10.2020 PK(CO) KB(19.11.2020) 3P 7C 3/3