V.P.Alagarsamy(Died) v. The Special Tahsildar (La)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ AS(MD)No.130 of 2017 V.P.ALAGARSAMY(DIED)

1. A.VENKATRAMAN

2. A.tHANGARAJ A.MURUGAN (DIED)

3. LAKSHMI

4. JEYARAMAN

5. R.VIMALA

6. SARANYA

7. KUMUTHA PRIYA ... Appellants/Claimants / VERSUS / 1 THE SPECIAL TAHSILDAR (LA), (LAND ACQUISITION OFFICER), KARUR-DINDIGUL BROADCAUGE, RAILWAY LINE, UNIT NO.III, DINDIGUL. ... 1st Respondent/ 1st Respondent 2 THE EXECUTIVE ENGINEER(CONSTRUCTION), SOUTHERN RAILWAY, MADURAI-10.

... 2nd Respondent/Beneficiary Appeal Suit filed under Section 54 of Land Acquisition Act. Praying this Court to call for the records pertains to the judgment and decree dated 27.02.2015 made in L.A.O.P.No. 8 of 1991 on the file of the Principal Sub Judge, Dindigul and to set aside the same. DECREE : This Appeal Suit coming upon for hearing on this day, upon perusing the Grounds of Appeal, judgment and decree of the Court below and the material papers of the Appeal and upon hearing the arguments of Mr.A.Shahjahan, Advocate for the Appellants and of Mr.J.Gunaseelan Muthiah, Additional Government Pleader on behalf of the Respondents and of Mr.A.Haja Mohideen, Advocate for the 2nd Respondent, this Court while allowing the Appeal and in modification of award of Tribunal below doth order and decree as follows ;

1. That,the award passed by the Tribunal, dated 27.02.2015 made in L.A.O.P.No. 8 of 1991 on the file of the Principal Sub Judge, Dindigul be and hereby is enhanced the market value from Rs.260/- percent to a sum of Rs.360/- percent for the acquired land;

2.That in all other aspects the award of the Tribunal below do stand;

3.That the second respondent herein/Beneficiary be and hereby is directed to deposit the enhanced compensation, as awarded herein less the amount already deposited, if any, within a period of three

(3) months from the date of receipt of a copy of this judgment; and

4. That, there be no costs in this Appeal Suit. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Principal Sub Judge, Dindigul.

2.The Special Tahsildar (LA), (Land Acquisition Officer) Karur - Dindigul Broadcauge, Railway Line, Unit No.III, Dindigul.

3.The Executive Engineer (Construction), Southern Railway, Madurai - 10.

4. The Section Officer, (2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.A.Shahjahan, Advocate Sr.No.21829 +1cc to SPL GP Sr.No. 21888 ORDER DATED : 10/11/2020 ========================= DECREE ========================== AS(MD)No.130 of 2017 NATURE OF DECREE : Allowing the Appeal preferred against the judgment and decree dated 27.02.2015 made in L.A.O.P.No. 8 of 1991 on the file of the Principal Sub Judge, Dindigul and etc. as stated within.

VB (22.01.2021) 3P 8C