THE LAND ACQUISITION OFFICER vs N.RAMASAMY MUDALIAR (DECEASED)
- Court
- Madras High Court
2026:MHC:4350
A.S. No.91 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 16-10-2026
PRONOUNCED ON : 29-10-2026
CORAM:
THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN
AND
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
A.S. No.91 of 2018
{C.N.R. No.HCMA010562892018}
AND
C.M.P. No. 2415 of 2018
The Land Acquisition Officer
Special Tahsildar (LA) Unit-1, Bharathiar
University, Coimbatore.
...Appellant/
Referring Officer
-versus-
N.Ramasamy Mudaliar (deceased)
1. Palanisamy Mudaliar,
S/o Suppanna Mudaliyar, Marudhapuram,
Bharathiyar University Post, Coimbatore
2. S.Arumugam
S/o Suppanna Mudaliyar, Marudhapuram,
Bharathiyar University Post, Coimbatore-42.
3. Saraswathi
D/o Suppanna Mudaliyar, Marudhapuram,
Bharathiyar University Post, Coimbatore-42.
4. Kamalam
D/o Suppanna Mudaliyar, Marudhapuram,
Bharathiyar University Post, Coimbatore 42.
5. Jayamani
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S/o Suppanna Mudaliyar, Marudhapuram ,
Bharathiyar University Post, Coimbatore.
6. M.Krishnappa Mudaliyar
S/o Muthusamy Mudaliyar, 11/24, vinayagar
Koil Veethi, Marudha puram, Bharathiyar
University Post, Coimbatore.
Subramaniam (deceased)
7. Ramathal
W/o Late Kumarasamy, 11/24 Vinayagar Koil
Veethi, Marudhapuram, Coimbatore.
Palaniyammal (deceased)
Valliyammal (deceased)
8. Murugesan
S/o Nanjappa Mudaliyar, 11/24, Vinayagar
Koil Veethi, Marudhapuram, Coimbatore.
9. Subramaniam
S/o Nanjappa Mudaliyar, 11/24, Vinayagar
Koil Veethi, Marudhapuram, Coimbatore.
10.Natarajan
S/o Nanajappa Mudaliyar, 11/24, Vinayagar
Koil Veethi, Marudhapuram, Coimbatore.
11.Marudhakkal
W/o Chinniyamudaliyar, 11/24, Vinayagar
Koil Veethi, Marudhapuram, Coimbatore.
12.Krishnappa Mudaliyar
S/o Marudhachalam Mudaliyar, 11/24,
Vinayagar Koil Veethi, Marudhapuram,
Coimbatore.
13.Ayyasamy Mudaliyar
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S/o Vellappa Mudaliyar, Marudhapuram,
Vadavalli Village, Coimbatore,
Anagammal (deceased)
14.Rajamani
W/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
15.Velusamy
S/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
16.Moorthi
S/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
17.Arumugam
S/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
18.Savithri
D/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
19.Suseela
D/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
20.Udayakumar
S/o Marudhappa Achari, 7/56, Kuttaiveli,
Chinnathadagam, Coimbatore.
21.Thayammal
W/o Late Palanisamy, Sulthaniyapuram,
Somaiyampalayam, Bharathiyar Unversity
Post, Coimbatore.
22.Saraswathi
W/o Ramaswamy Gounder, S/o Late
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Palanisamy, Sulthaniyapuram,
Somaiyampalayam, Bharathiyar University
Post, Coimbatore.
23.Marimuthu
S/o Late Palanisamy, Sulthaniyapuram,
Somaiyampalayam, Bharathiyar University
Post, Coimbatore.
24.Ramesh
S/o Late Palanisamy, Sulthaniyapuram,
Somaiyampalayam, Bharathiyar University
Post, Coimbatore.
25.Rangammal
W/o Arumugam, Kalveerampalayam Village,
Coimbatore.
26.Kamalammal
W/omarudhakuttigounder, D/o Late
Subannagounder, Marudhapuram Coimbatore.
27.Saraswathi
W/o Ramaswamy Gounder, D/o Late
Subbannagounder, Edaiyarpalayam,
Coimbatore.
Marudhakutti Gounder (deceased)
28.M.Palanisamy
S/o Marudhakutti Gounder, Marudhapuram
Thottam, Bharathiyar University Post,
Coimbatore.
29.Samiyappan @ Saminathan
S/o Marudhakutti Gounder, Kolluthottam,
Somaiyamapalaym.
30.M.Natarajan
S/o Marudhakutti Gounder, 12/7, G.Sundaram,
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Veethi, Pappanayakkanpalayam, Puthoor,
Coimbatore.
31.Nanjappa Gounder
S/o Kumaragounder, Somaiyamapalayam,
Village, Majara, Somaiyampalayam.
32.Muthugounder
S/o Kumaragounder, Somaiyampalayam
Village, Majaram, Somaiyampalayam.
33.Kuppathal
W/o Muthugounder, D/o Nanjappa Gounder,
Somaiyampalayam village.
34.P.Ramathal
W/o Perumalsamy, Kulathuppalayam,
Thondamuthoor, Coimbatore641 109.
35.M.Visalakshi
W/o Murugesan, Voorgounder Veethi,
Marudhapuram, Bharathiyar University Post,
Coimbatore.-46.
36.R.Rakkiyanna Mudaliyar
S/o Rangan Mudaliyar, Kondayampalayam,
Thennamanallur Post, Thondaamuthoor Via,
Coimbatore-641 109.
37.K.R.Rangasamy
S/o R.Rakkiyanna Mudaliyar,
Kondampalayam, Thennamanallur Post,
Thondaamuthoor Via, Coimbatore.
38.K.R.Selvam
S/o R.Rakkiyanna Mudaliyar,
Kondayampalayam, Thennamanallur Post,
Thondaamuthur Via, Coimbatore
39.K.R.Palanisamy
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S/o R. Rakkiyanna Mudaliyar,
Kondampalayam, Thennamanallur Post,
Thondaamuthoor Via, Coimbatore-641 109.
40.R.Ayyasamy
S/o Late Ramasamy Mudaliyar, 3/22,
Voorgounder Veethi, Marudhapuram,
Bharathiyar University Post, Coimbatore.
41.R.Nagarajan
S/o Late Ramasamy Mudaliyar, 3/22,
Voorgounder Veethi, Marudhapuram,
Bharathiyar University Post, Coimbatore.
42.R.Kaliyammal
W/o Late Ramasamy Mudaliyar, 6,
Voorgounder, Veethi, Marudhapuram,
Bharathiyar University Post, Coimbatore-46.
43.Baby
W/o Palanisamy, F4, Bharathiyar University
Employees Quarters, Bharathiyar University
Post, Coimbatore.
44.Devaki
W/o Ramasamy, 25, Voorgounder, Veethi,
Marudhapuram, Bharathiyar University Post,
Coimbatore.
45.R.Vennila
W/o Subramaniyam, V.O.Nagar,
Marudhamalai main Road, Vadavalli Post,
Coimbatore-46.
46.S.Angammal
W/o Late Subramaniyam, 8, Voorgounder,
Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-641 046.
47.S.Rajalakshmi
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W/o Late Subramaniyam, 8, Voor Gounder
Veethi, Maruthapuram, Bharathiyar University
Post, Coimbatore.
48.S.Rangaraj
S/o Late Subramaniyam, 8, Voor Gounder
Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-641046.
49.S.Jayanthi
W/o Late Subramaniyam, 8, Voor Gounder
Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-641 046.
50.S.Palanisamy
S/o Late Subanna Mudaliyar, 11/23, Voor
Gounder Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-46.
51.Saraswathi
S/o Late Subbanna Mudaliyar, 11/23, Voor
Gounder Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-46.
52.Kamalam
D/o Late Subbanna Mudaliyar, 11/23, Voor
Gounder Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore
53.Arumugam
S/o Late Subbanna Mudaliyar, 11/23, Voor
Gounder Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-46
54.Jayamani
S/o Late Subbanna Mudaliyar, 11/23, Voor
Gounder Veethi, Marudhapuram, Bharathiyar
University Post, Coimbatore-46.
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...Respondents-1 to 64
/ Claimants
55. The Registrar
Bharathiyar University Coimbatore. ...Respondent-55
/ Beneficiary
PRAYER :- Appeal suit filed under Section 54 of the Land Acquisition
Act, 1894 praying to set aside the Judgement and Decree passed in
L.A.O.P. No.31 of 1986 dated October 29, 2007 by the I Additional Sub
Court, Coimbatore.
For Appellant :Ms.D.Chitra Maragatham, Government Advocate
For
Respondents
: Mr.R.Bharath Kumar
for respondents 1, 4, 5, 8, 11, 14 to 20, 26, 27, 34, 35, 38,
39, 47 to 50, 52 & 54
: Mr.V.Anandhamoorthy for Respondent No.28.
: Ms. E.Shobana for respondents No. 42 to 44
: served, no appearance - Respondent Nos. 30 & 45
: Not ready in notice - Respondents 22 to 25, 43
: Passed away - Respondents 2,3, 6, 7, 9,10, 12, 21, 29,
31, 32, 33, 36, 37, 40, 46, 51 & 53.
J U D G M E N T
R.SAKTHIVEL,J.
This Appeal Suit has been filed under Section 54 of the Land
Acquisition Act, 1894 by 'the Land Acquisition Officer' ['L.A.O.' for short]
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assailing the quantum of compensation awarded in the Land Acquisition
Original Petition in L.A.O.P No.31 of 1986 by 'the I Additional Sub Court,
Coimbatore', which is the Reference Court under Section 18 of the Land
Acquisition Act, 1894 and shall hereinafter be referred to as 'Reference
Court'.
FACTS LEADING TO THE FILING OF THIS APPEAL SUIT:
2. An extent of 676 Acres 8 Cents of patta land in Somayampalayam
Village, Coimbatore Taluk was acquired for the establishment of
Bharathiyar University at Coimbatore. The aforesaid extent was split into
18 blocks for administrative convenience. The present Appeal Suit relates
to Block No.XII consisting of an extent of 29.52 Acres as detailed
hereunder:
Extent as per
Revenue Records
Extent as proposed in 4 (1) Notification
Survey
and as per Subdivision Records
No.
[in Acres]
[in Acres]
102/1A 2.44 2.44
102/1B 1.04 1.04
102/1C 0.84 0.84
102/2 3.58 3.58
106/1 3.55 3.55
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Extent as per
Revenue Records
Extent as proposed in 4 (1) Notification
Survey
and as per Subdivision Records
No.
[in Acres]
[in Acres]
106/2A 3.87 3.87
106/2B 2.25 2.25
106/3A 2.00 2.00
106/3B 3.00 3.00
106/3C 2.00 2.00
106/4 4.50 4.50
106/5 0.27 0.27
106/6 0.18 0.18
Total 29.52 29.52
3. Out of the aforesaid 29 Acres 52 Cents, 4 Acres 32 Cents in
Survey No.106/4 and 1 Acre 94 Cents in Survey No.106/3C are garden
lands while the rest are all manavari dry lands.
4. For the aforesaid 29 Acres 52 Cents, Section 4 (1) Notification
was issued on June 2, 1982. Section 5 (A) enquiry was conducted on
October 15, 1982. The Government overruled the objections raised at the
time of Section 5 (A) enquiry and approved the Section 6 Declaration and
the same was published in the Government Gazette on May 11, 1983. After
issuing notice to the land owners and interested persons, L.A.O. conducted
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Award enquiry and fixed compensation for irrigation wells, dwelling
houses, trees, etc . For fixing the market value of the dry lands under
acquisition, L.A.O. called for statistics of sales of all lands in and around
Somayampalayam Village relating to a period of three years prior to the
date of Section 4 (1) Notification i.e., for a period from June 1, 1979 to
June 2, 1982, and accordingly L.A.O. gathered 168 sales data from Sub-
Registrar Office. As per Serial No.112 of the said sales data, an extent of 1
Acre 16 Cents in Survey No.137/3 of Somayampalayam Village was sold
for Rs.6,000/- vide Sale Deed dated August 31, 1981. Taking the said Sale
Deed as the Exemplar Sale Deed, L.A.O. assessed Rs.5,172.40/- per Acre
as the market value of the dry lands. Qua the garden lands, L.A.O.
assessed the market value at Rs.7,156/- per Acre. Accordingly, L.A.O.
passed Award No.1 of 1985 dated February 16, 1985.
5. Dissatisfied with the assessed market value and the total
compensation awarded vide the said Award, the land owners preferred an
application before L.A.O. to refer the matter to Court under Section 18 of
the Land Acquisition Act, 1894 seeking higher compensation. Accordingly,
L.A.O. referred the matter to the Reference Court on April 27, 1985.
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6. The Reference Court registered the reference as L.A.O.P. No.31
of 1986. To be noted, for various other lands in Somayampalayam Village,
L.A.O. had fixed the same compensation amount and those matters were
also referred to the Court. The said references were taken on file as
L.A.O.P. Nos.32, 87 & 88 of 1986 and 94, 101, 102, 103 & 108 of 1987,
and heard jointly with L.A.O.P. No.31 of 1986. On the side of the
claimants, Nagarajan / Claimant No.47 (in L.A.O.P. No.31 of 1986) and
Selvam / Claimant No.44 (in L.A.O.P. No.31 of 1986) were examined as
C.W.1 and C.W.2 respectively and Ex-C.1 to Ex-C.7 were marked. On the
side of Referring Officer / L.A.O., S.N.Sulokshana, Special Tahsildar,
Coimbatore Taluk, was examined as R.W.1 and one Susila from the Estate
Maintenance Department of the Beneficiary - University was examined
R.W.2 and Ex-R.1 to Ex-R.15 were marked.
7. After hearing both sides, the Reference Court found that the
acquired lands are situate abutting road whereas the land covered under the
Exemplar Sale Deed is remotely located in the interior and accordingly
held that L.A.O. was not right in choosing the same as the Exemplar Sale
Deed. Further, as per Ex-C.1 - Sale Deed dated July 11, 1977, an extent of
2 ½ Cents in Survey No.158/1 in the very same Somayampalayam Village
was sold for Rs.5,500/-; and as per Ex-C.3 - Sale Deed dated September 9,
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1982, an extent of 8 Cents in Survey No.297/1 of Vadavalli Village was
sold for Rs.24,000/-; and as per Ex-C.4 - Sale Deed dated February 29,
1984, an extent of 4 Cents 254 sq. ft. in Survey No.158/1 of
Somayampalayam Village was sold for Rs.45,828/- i.e., at the rate of
Rs.10,000/- per Cent approximately. Considering the features of the
acquired land, considering the sale price in Ex-C.1 and Ex-C.3 and also
considering the fact that there is a steep and steady increase in the land rate
in the vicinity as evident from a conjoint reading of Ex-C.1 to Ex-C.6 and
also considering the potential of the acquired lands and also by stating that
there are Judgments of High Court and Supreme Court that in appropriate
cases, the Court may fix 10% above the market price evident from
Exemplar Sale Deeds, the Reference Court assessed the market value of
the lands under acquisition at the rate of Rs.2,600/- per Cent in addition to
the statutory benefits of 30% Solatium under Section 23 (2) and 12%
Additional Compensation under Section 23 (1-A) of the Land Acquisition
Act, 1894, along with interest as per the said Act.
8. Feeling aggrieved by the Order of the Reference Court, L.A.O.
has preferred this Appeal Suit.
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ARGUMENTS:
9. Ms.D.Chitra Maragatham, learned Government Advocate
appearing for the appellant / L.A.O. would argue that the L.A.O. gathered
168 Nos. of sale instances and upon meticulous consideration, based on the
soil quality, nature of land, proximity to the main road, etc., fixed the sale
instance in Serial No.112 as the Exemplar Sale Deed, land covered
whereunder is situate in Survey No.137/3B. It is a normal sale and the
acquired lands and the land covered under the Exemplar Sale Deed are
comparable ones. On the other hands, out of the Sale Deeds considered by
the Reference Court, the properties covered under Ex-C.1 to Ex-C.6 - Sale
Deeds are all house plots whereas the acquired lands are dry lands, and
hence, not comparable. Further, Ex-C.2, Ex-C.4 to Ex-C.5 - Sale Deeds are
all dated post the Section 4 (1) Notification and hence, cannot be taken into
consideration. Further, the house plot covered under Ex-C.3 - Sale Deed is
situate in a different village namely Vadavalli Village. Only when there
exist no data in the village to which the acquired lands belong, Sale Deeds
from nearby villages must be considered. In the present case, there exist
sale data from the Somayampalayam Village and hence, sale data from
Vadavalli Village is not to be considered. The Reference Court failed to
consider the above aspects and erred in awarding a higher compensation.
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Accordingly, she would pray to allow the Appeal Suit, set aside the Order
of the Reference Court and confirm the Award of L.A.O.
10. On the other hand, Mr.R.Bharath Kumar, learned Counsel
appearing for respondents 1, 4, 5, 8, 11, 14 to 20, 26, 27, 34, 35, 38, 39, 47
to 50, 52 & 5; and Mr.V.Anandhamoorthy, learned Counsel appearing for
Respondent No.28; and Ms.E.Shobana, learned Counsel appearing for
Respondents No. 42 to 44, which respondents are all land owners /
claimants, would make the following submissions:
10.1. The acquired lands, though dry lands, are situate abutting the
Marudhamalai Main Road. At the time of acquisition itself, the acquired
lands had the famous Marudhamalai Temple, Colleges including
Government Law College, Schools, Tamil Nadu Agricultural University
and other Universities, Central Government Sugarcane Breeding Center,
etc ., all within 5-8 Kms radius and thus had enormous potential for growth.
10.2. Somayampalayam Village and Vadavalli Village are both
adjacent villages. Moreover, the acquired lands are more closer to the
Vadavalli Village. In fact, for the purpose of establishing Bharathiyar
University, land has been acquired from Vadavalli Village as well. Hence,
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there is no bar to consider Ex-C.2 - Sale Deed relating to land in Vadavalli
Village.
10.3. As evident from Ex-C.1, Ex-C.3 and Ex-C.4 - Sale Deeds, land
was sold at the rate of Rs.1,100/- per Cent in 1977, Rs.3,000/- per Cent in
1982 and Rs.10,000/- per Cent in 1984 i.e., just after the Section 4 (1)
Notification. A steady and steep increase in land price in the vicinity could
be observed from Ex-C.1, Ex-C.3 and Ex-C.4.
10.4. The Reference Court upon rightly considering the above aspects
and the materials placed on record, fairly assessed the market value at
Rs.2,600/- per Cent and awarded a just and fair compensation. There is no
need to interfere with the same. Accordingly, the learned Counsels
appearing on behalf of the land owners, would pray to dismiss the Appeal
Suit.
POINTS FOR CONSIDERATION:
11. Upon hearing either side and perusing the materials available on
record, the following points arise for consideration in this Appeal Suit:
(i) Whether L.A.O. is right in choosing Ex-R.12 - Sale Deed dated
August 31, 1981 registered as Document No.4373 of 1981 on the
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file of Joint-II Sub-Registrar Office, Coimbatore, found in Serial
No.112 of the sale data, as the Exemplar Sale Deed ?
(ii) Whether the award of compensation by the Reference Court at the
rate of Rs.2,600/- per Cent besides statutory benefits and interest, is
just, fair and reasonable ?
(iii) Is there any warrant to interfere with the Order passed by the
Reference Court ?
DISCUSSION AND DECISION:
Point No.(i):-
12. Perused Ex-R.11 - Sales Statistics consisting of 168 Sale Deeds
as well as Ex-R.12 - Exemplar Sale Deed in Serial No.112 thereof. In Ex-
R.11, under the remarks columns [Column No.13] against Serial No.112,
L.A.O. has remarked as hereunder:
"Normal sale but in the interior block. Adjacent to foot hills in the
north. No immediate prospect of development. Adopted for valuation
of interior dry lands."
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13. Even as per the remarks of L.A.O., the land covered under Ex-
R.12 - Exemplar Sale Deed is situate in the interior, lacks potential for
immediate growth and was adopted only for the purpose of valuing interior
dry lands.
14. On the other hand, the acquired lands in Block No.12 are situate
in adjacent Survey Nos.102 and 106. R.W.1 - Special Tahsildar has
admitted in her evidence that Survey Nos.102 and 106 have road facility.
She has also admitted that there exist the famous Marudhamalai Temple in
the vicinity and the Tamil Nadu Agricultural University within 12
kilometer radius. She however has deposed that, other colleges,
universities, schools, etc ., came up subsequent to the issuance of Section 4
(1) Notification. Perusal of Somayampalayam Village Map would show
that there runs a road on the southern and northern side of Survey Nos.106
and 102 respectively, which then turns and runs south along the eastern
boundary of Survey No.102, and thereby corroborates the evidence of
R.W.1. Further, she deposed that, the properties covered under Ex-C.1, Ex-
C.3 and Ex-C.4, are within 1 kilometer radius from the acquired lands /
Survey Nos.102 and 106. She has further deposed that the acquired lands
have the potential to be house sites. That apart, she has also admitted that
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reserved forests begins from a distance of 500 meters from the land
covered under Ex-R.12 - Exemplar Sale Deed.
15. Further, R.W.2, who works in the Estate Maintenance
Department of the Beneficiary - University, has deposed that
Marudhamalai Temple is situate about 2.5 kilometer away from the
acquired lands; that the acquired lands were 10 kilometer away from the
heart of the city; that there was a Government Bus Depot near the acquired
lands; and that some of the acquired lands were house plots.
16. From the remarks of L.A.O. as well as the evidence of R.W.1
and R.W.2, it is easily discernible that the land covered under Ex-R.12 -
Exemplar Sale Deed is not in par with the acquired lands in terms of road
access and potential for growth. Hence, the Reference Court rightly held
that L.A.O. is not justifiable in choosing Ex-R.12 as the Exemplar Sale
Deed. This Court finds no warrant to interfere with the said finding.
Point No.(i) is answered accordingly in favour of the claimants and
against L.A.O.
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Point No.(ii):-
17. In Ex-C.1 - Sale Deed dated July 11, 1977, a house plot
measuring 2 ½ Cents in Survey No.158/1 of Somayampalayam Village
was sold for Rs.5,500/- i.e., at the rate of Rs.2,200/- per Cent. In Ex-C.3 -
Sale Deed dated September 9, 1982, a house plot having proper layout was
sold for Rs.24,000/- i.e., at the rate of Rs.3,000/- per Cent. The said
property is said to be in Survey No.297/1 of Vadavalli Village and is of an
extent of 8 Cents. Though the land covered in Ex-C.3 is not in
Somayampalayam Village but in a different village, R.W.1 has admitted
that the lands covered not only in Ex-C.3 but also the rest of the Sale
Deeds marked on the side of the claimants lie closer to the acquired lands.
Hence, the argument that the land covered under Ex-C.3 lies in a different
village deserves to be rejected. That apart, under Ex-C.4 - Sale Deed dated
February 29, 1984, an extent of 1996 sq. ft. in Somayampalayam Village
was sold for Rs.45,828/- i.e., at the rate of about Rs.10,000/- per Cent.
Though Ex-C.4 was executed after Section 4 (1) Notification, it can be
considered in support of the fact that there is a steady and steep increase in
land rate in the vicinity of the acquired lands.
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18. From the above documents as well as the evidence discussed
under Point No.(1), it can be seen that the acquired lands have a good
potential for growth and are of good prospects. The highest sale price prior
to issuance of Section 4 (1) Notification among Ex-C.1 to Ex-C.6 - Sale
Deeds, is Rs.3,000/- per Cent under Ex-C.3 - Sale Deed. That being a
house plot it has to be considered with necessary deductions. When
considered so, the market value fixed by the Reference Court at the rate of
Rs.2,600/- per Cent for dry as well as garden lands appears to be just, fair
and reasonable. Qua the garden lands, compensation under separate heads
were fixed by L.A.O. for the well, pipelines, motor-pump sets, trees , etc.
For well, L.A.O. fixed compensation at Rs.2,35,000/-. Considering the
time of acquisition, the compensation amount fixed for the well and other
items appear to be reasonable. The same was not challenged before this
Court. The landowners have not preferred any appeal or cross-objection
over the Order passed by the Reference Court. Hence, there is nothing
wrong on the part of the Reference Court in fixation of Rs.2,600/- as
market value for dry lands as well as garden lands. The same is fair and
reasonable.
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19. Moreover, in an Appeal Suit viz., A.S. No.1061 of 2012 [ Land
Acquisition Officer -vs- Muthanchettiar ] filed by L.A.O. over L.A.O.P
No.94 of 1987 which was jointly tried with the present L.A.O.P No.31 of
1986, a Co-ordinate Bench of this Court vide its Judgment dated
November 3, 2022, has confirmed the compensation fixed by the
Reference Court at Rs.2,600/- per Cent for dry lands and garden lands.
Point No.(ii) is answered accordingly in favour of the claimants and
against L.A.O.
Point No.(iii):-
20. In view of the foregoing narrative, this Court is of the considered
view that there is no warrant to interfere with the Order passed by the
Reference Court. Accordingly, this Court is inclined to dismiss the Appeal
Suit.
Point No.(iii) is answered accordingly in favour of the claimants and
against L.A.O.
CONCLUSION :-
21. Resultantly, the Appeal Suit is dismissed as devoid of merits.
The compensation awarded by the Reference Court is confirmed.
Appellant / L.A.O. is directed to deposit the enhanced compensation fixed
by the Reference Court, less the amount if any already deposited / paid,
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along with proportionate accrued interest at the rate fixed by the Reference
Court, to the credit of L.A.O.P. No.31 of 1986 before the Reference Court,
within 2 months from today. In view of the facts and circumstances of this
case, there shall be no order as to costs. Consequently, connected Civil
Miscellaneous Petition is closed.
(C.V.K.,J.) (R.S.V.,J.)
29-10-2026
Index: Yes/No
Speaking Order
Neutral Citation: Yes/No
JRS
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A.S. No.91 of 2018
C.V.KARTHIKEYAN J.
AND
R.SAKTHIVEL J.
JRS
To
1.The I Additional Sub Court, Coimbatore.
2.The Registrar,
Bharathiyar University Coimbatore.
A.S. NO. 91 OF 2018
AND
C.M.P. NO. 2415 OF 2018
29 -10-2026
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