Madras High Court
The Special Tahsildar (La) vs Nagammal on 25 April, 2016
Author: N.Kirubakaran
Bench: N.Kirubakaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:25.4.2016 CORAM: THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN A.S.Nos.27 to 47 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Nagammal 2.Kamalammal 3.The Managing Director, SIPCOT having its Office at Egmore, Chennai-8. ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.103 of 2003 dated 14.11.2007. A.S.No.28 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Dr.G.K.Kothandaraman 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.137 of 2003 dated 14.11.2007. A.S.No.29 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.S.Kavitha 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.151 of 2003 dated 14.11.2007. A.S.No.30 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Tmt.Geetha Devi 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.152 of 2003 dated 14.11.2007. A.S.No.31 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Rathan Singh 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.156 of 2003 dated 14.11.2007. A.S.No.32 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.J.Gopalakrishnan 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.157 of 2003 dated 14.11.2007. A.S.No.33 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Vaduvambal 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.159 of 2003 dated 14.11.2007. A.S.No.34 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Jeppiar 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.265 of 2003 dated 14.11.2007. A.S.No.35 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Urmila Devi 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.267 of 2003 dated 14.11.2007. A.S.No.36 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Emarose 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.269 of 2003 dated 14.11.2007. A.S.No.37 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.A.K.Kaleessaibu (Deceased) 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 3.Dowlath 4.A.K.Sahul Hameed 5.Meharrbanu 6.Noorma ... Respondents RR 3 to 6 brought on record as LRs of the deceased R1 vide order of this Court dt. 11/6/15 made in M.P.Nos.1 to 3 of 2015 in ASSR.No.13688 of 2009 PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.273 of 2003 dated 14.11.2007. A.S.No.38 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Premkumar 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.274 of 2003 dated 14.11.2007. A.S.No.39 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Yogeshwari 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.275 of 2003 dated 14.11.2007. A.S.No.40 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Vasuki 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.433 of 2003 dated 14.11.2007. A.S.No.41 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.G.Babuji 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.434 of 2003 dated 14.11.2007. A.S.No.42 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.G.Babuji 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.436 of 2003 dated 14.11.2007. A.S.No.43 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.G.Babuji 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.437 of 2003 dated 14.11.2007. A.S.No.44 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.N.Saraswathi 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.438 of 2003 dated 14.11.2007. A.S.No.45 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.A.Cyril Joseph 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.439 of 2003 dated 14.11.2007. A.S.No.46 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.Vasuki 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.451 of 2003 dated 14.11.2007. A.S.No.47 of 2016 The Special Tahsildar (LA), SIPCOT Unit, Sriperumbudur Taluk, Kancheepuram District. ... Appellant vs. 1.G.Babuji 2.The Managing Director, SIPCOT having its office at Egmore, Chennai-8 ... Respondents PRAYER: Appeal Suit is filed under Section 54 of the Land Acquisition Act against the judgement and decree of the learned Additional District Judge, FTC V, Chengalpattu at Thiruvallur in LAOP.No.452 of 2003 dated 14.11.2007. For Appellant :Mr.P.Gunasekaran in all appeals Additional Govt. Pleader (AS) For Respondents :Mr.A.S.Vijay Anand for R1 in A.S.Nos.27 to 36 & 38 to 48 Mr.Ramesh Venkatachalapathy for R2 M/s.K.M.Balaji & Mr.V.Ravikumar for Respondents 3 to 6 in A.S.No.37/2015 C O M M O N J U D G M E N T
The Tamil Nadu Government acquired the subject matter of properties for formation of SIPCOT. The properties are located in Thirumangalam and Santhavelur villages, Sriperumbudur Taluk, Kancheepuram District. 4(1) notification was issued on 24.7.1998. The Special Thasildar passed various awards in 2002 at the instance of claimants in the respective appeals. Reference was made under Section 18 of the Land Acquisition Act to the Civil Court. The Civil Court after elaborate enquiry, determined the value at Rs.3500/- per cent. Against the said fixation, the Government has come before this Court.
2. Heard Mr.P.Gunasekaran, the learned Additional Government Pleader (AS) appearing for the appellant and the learned counsel appearing for the respective respondents/claimants and Mr.Ramesh Venkatachalapathy, learned counsel appearing for the 2nd respondent.
3. It is pointed out by the learned counsel appearing for the respective respondents/claimants that in respect of the properties, which are covered by the same 4(1) notification and located in Thirumangalam and Santhavelur village, Sriperumbudur Taluk, Kancheepuram District, this Court determined the value at Rs.15,260/- per cent based on the sale deed-C4 dated 14.7.1997 and after deducting 33% towards development charges, Rs.10,465/- per cent was determined as compensation to the claimants.
4. Against the said determination, SLP was filed along with condone delay petition and the same was dismissed. Review Petition was also filed before the Apex Court and the same was also dismissed and therefore, the said determination attained finality. The learned Additional Government Pleader (AS) appearing for the appellant agreed with the said contention.
5. As per order dated 03.08.2012 in A.S.Nos.752 to 788 of 2010 the value was fixed at Rs.10,465/- per cent after deduction towards development charges. A perusal of the said order, would reveal that the properties which were acquired by way of issuing 4(1) notification are located in Thirumangalam and Sathavelur villages, Sriperumbudur Taluk, Kancheepuram District. By virtue of the sale deed dated 14.7.1997 (Ex.C4), one Saralavathy, sold 26 cents of land comprised in Survey No.365/4 and situated in Thirumangalam Village, Sriperumbudur Taluk. Since the properties fall within the limit of Thirumangalam and Santhavelur villages and Ex.C4 has been taken as data sale deed, this Court determined the value at Rs.15,260/- per cent and after deducting 33% towards development charges, the value of Rs.10,465/- per cent was fixed as compensation.
6. Taking into consideration that the similar properties fall within the limit of Thirumangalam and Sathavelur villages which were acquired under the same 4(1) notification, and the data sale deed Ex.C4 which was relied in A.S.Nos.752 to 788 of 2010 for determination of the value, following the same, this Court determines the value of the properties at Rs.15,260/- per cent and after deducting towards development charges, the value of Rs.10,465/- per cent is fixed as compensation to the respondents/claimants.
7. Even though, the above appeals have been filed by the Government invoking Order 41 Rule 33, this Court fixes the compensation based on Ex.C4 data sale deed dated 14.07.1997. Moreover, this Court follows the earlier order in A.S.Nos.752 to 788 of 2010 dated 03.08.2012 passed by this Court in respect of the properties acquired for the very same purpose in the same villages. The respective respondent/claimants are entitled to receive the compensation amount along with usual statutory benefits.
8. It is to be noted that S.L.P. preferred against the earlier orders in A.S.Nos.752 to 788 of 2010 dated 03.08.2012, was dismissed by the Hon'ble Supreme Court and had became final. In view of that, this Court hopes that the Government would not spend money unnecessarily and rush to the Supreme Court.
9. The second respondent/requisition body is directed to deposit the entire award amount along with usual statutory benefits within 12 weeks from the date of the receipt of a copy of the order, failing which the Managing Director SIPCOT shall appear before this Court on 30.9.2016. Call the matter for compliance on 30.9.2016.
10. These appeals are disposed of accordingly. No costs. Consequently connected CMP.Nos.782 to 822 of 2016 are closed.
25.04.2016 Internet:Yes/No Index: Yes/No vk To The Additional District Judge, FTC V, Chengalpattu at Thiruvallur.
N.KIRUBAKARAN,J.
VK A.S.Nos.27 to 47 of 2016 25.04.2016