THE LAND ACQUISITION OFFICER/ vs P.VISWANATHAN,

Court
Madras High Court

2026:MHC:4351
A.S. No.951 of 2010
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. 951 of 2010
{C.N.R. No. HCMA010033052010}
and
M.P. No.1 of 2010
The Land Acquisition Officer /
Special Tahsildar (LA), Unit-IV,
Bharathiar University,
Coimbatore.
...Appellant/
Referring Officer
-versus-
1. P.Viswanathan,
48a, 5th Street,
100 Ft. Road, Gandhipuram,
Coimbatore.
V.Mayilsamy (deceased)
2. Nanjammal,
D/o.Late Chinna Palaniappa Mudaliar,
Kurumpapalayam Post, Aachipatti, Pollachi,
Coimbatore District.
3. Puvatthal,
D/o.Late Chinna Palaniappa Mudaliar,
Pannimadai, Coimbatore Taluk.
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2026:MHC:4351
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4.
Chinna Kanni,
D/o.Late Chinna Palaniappa Mudaliar,
Pannimadai, Coimbatore Taluk.
5. Krishnasamy,
S/o.Late Chinna Palaniappa Mudaliar,
Pannimadai, Coimbatore Taluk.
6. K.Ramaraj,
Subramaniya Nivas,
4, Kanniya Chetti Street,
Venkatapuram, Ambattur,
Chennai-600053.
7. Sargunavathiammal,
W/o.Late Duraisamy Naidu,
224, D.Thadagam Road,
Venkittapuram, Coimbatore.
8. Sakunthala,
D/o.K.Ramaraj,
Subramaniya Nivas,
4, Kanniya Chetti Street,
Venkatapuram, Ambattur,
Chennai-600 053.
9. N.Krishnamoorthy,
S/o.Neelakanda Iyer,
13, Kalidoss Road, Ram Nagar,
Coimbatore.
10. N.R.Krishnamoorthy,
S/o.Ranganatha Sasthri,
92, Kokale Street, Ram Nagar,
Coimbatore.
11. Srisarguru Bhagavan
Namaseva Samithi, A.Sellapathy, Secretary,
92, Kokale St., Ram Nagar, Coimbatore.
Swaminathan (deceased)
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2026:MHC:4351
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12.
Rangaswamy,
S/o.Arumugam,
Ramalinga Gounder Street, Vadavalli,
Coimbatore District.
Bramalingam (deceased.)
Marudhachalam (deceased)
Subbiah (deceased)
13.
Maruthappan,
S/o.Ayyasamy Gounder,
10-3/54, Mahaliamman Kovil Street,
Kalveerampalayam,
Bharathiar University Post,
Coimbatore.
14. Ganesan,
S/o.Late Arumuga Gounder,
10-3/12, Mahaliamman Kovil Street,
Kalveerampalayam,
Bharathiar University Post,
Coimbatore.
15. Maruthappa Gounder,
S/o.Late Arumuga Gounder,
Mahaliamman Kovil Street,
Vadavalli, Coimbatore.
Swaminathan (deceased)
16. Shanmugham,
S/o.Ummudisamy,
5/10, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
17. Krishnasamy,
S/o.Thirumalaisami,
5/11, Chinnasamy Gounder Street,
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2026:MHC:4351
A.S. No.951 of 2010
Vadavalli, Coimbatore.
18.
Karunakaran,
S/o.Viswanathan,
519, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
Namasivayan (deceased)
19.
Ponnusamy,
S/o.Chinnappan,
59A, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
20. Angamuthu,
S/o.Chinnappan,
59A, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
Chinnappan (deceased)
21. Sando Chinnappa Devar Trust,
13, Dr.Nayar Road, T.Nagar,
Chennai-17.
22. Karuppusamy,
S/o.Marudhappa Gounder,
10-1/15, Marudhamalai Road,
Kalveerampalayam,
Bhrathiar University Post,
Coimbatore-46.
23. Palanisamy,
S/o.Marudhappa Gounder,
10-1/15, Marudhamalai Road,
Kalveerampalayam,
Bharathiar University Post,
Coimbatore-46.
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2026:MHC:4351
A.S. No.951 of 2010
24.
Chinnasamy,
S/o.Marudhappa Gounder,
Kalveerampalayam,
Coimbatore-46.
25. Thottanna Gounder,
S/o.Lakshmana Gounder,
50, Mahalakshmi Kovil Street,
Vadavalli, Coimbatore.
26. Karuppusamy,
S/o.Ramaswamy Gounder,
10/13, Mahaliamman Kovil Street,
Kalveerampalayam,
Vadavalli, Coimbatore.
27. Thenammal,
10/13, Mahaliamman Kovil Street,
Kalveerampalayam,
Bharathiar University Post,
Coimbatore-46.
28. Karuppakkal,
10/13, Mahaliamman Kovil Street.,
Kalveerampalayam,
Bhrathiar University Post,
Coimbatore.
29. Thottanna Gounder,
S/o.Anjanna Gounder,
10/3, Mahaliamman Kovil Street,
Kalveerampalayam, Vadavalli, Coimbatore.
30. C.Ponnuswamy,
S/o.Chinnappan, Chinnappa Illam,
Velliyagiri Nagar, Navavur Division,
Coimbatore-46.
31.
C.Angamuthu,
S/o.Chinnappan,
Chinnappa Illam, Velliyagiri Nagar,
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2026:MHC:4351
A.S. No.951 of 2010
Navavur Division,
Coimbatore-46.
Maragatham (deceased)
32.
Bhakiyam,
W/o.Late Swaminathan,
5/11, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
33. Sowtharavalli,
D/o.Swaminathan (late),
5/11, Ramalinga Gounder Street.,
Vadavalli, Coimbatore.
34. Gnapongothai,
D/o.Swaminathan (late),
5/11, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
Thirupurasundari (deceased)
35. Angammal,
D/o.Late Swaminathan Pandaram,
Ramalinga Gounder Street,
Vadavalli, Coimbatore.
36. Subbulakshmi,
D/o.Late Swaminatha Pandaram,
Ramalinga Gounder Street,
Vadavalli, Coimbatore.
37. Sachithanantham,
So.Late Swaminatha Pandaram,
Ramalinga Gounder Street,
Vadavalli, Coimbatore.
Thirunavurkkarasu (deceased)
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2026:MHC:4351
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38.
Dhanushkotiammal,
W/o.Late Bramalingam,
5/15, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
39. B.Karthikeyan,
S/o.Late Bramalingam,
5/15, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
40. Moorthy,
S/o.Late Bramalingam,
5/15, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
41. Rukmani,
D/o.Late Bramalingam,
Palacodu, Kerala.
42. Subbulakshmi,
W/o.Late Subbian,
54, Mahaliamman Street,
Kalveerampalayam, Coimbatore.
43. S.Mahesh,
S/o.Late Subbian,
54, Mahaliamman Street,
Kalveerampalayam, Coimbatore.
44. Vimala,
D/o.Late Subbian,
54, Mahaliamman Street,
Kalveerampalayam,
Coimbatore.
45. Dhanalakshmi,
W/o.Late Thirunavukkarasu,
14, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
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2026:MHC:4351
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46.
Arulmozhi,
D/o.Late Thirunavukkarasu,
14, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
47. Kiruttika,
D/o.Late Thirunavukkarasu,
14, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
48. Swaminathan,
S/o.Late Thirunavukkarasu,
14, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
49. A.Panchalingam,
H/o. late Thiripurasundari,
Old No.13, New No.17,
Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
50. C.P.Ravikumar,
S/o.late Thiripurasundari,
Old No.13, New No.17,
Chinnasamy, Gounder Street,
Vadavalli, Coimbatore.
51. Santhakumari,
D/o. Late Thiripurasundari,
Old No.13, New No.17,
Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
52. M.Sivagnasundaram,
S/o.Late Marudhachalam,
28, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
53.
Parvathy,
W/o.Late Marudhachalam,
28, Ramalinga Gounder Street,
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2026:MHC:4351
A.S. No.951 of 2010
Vadavalli, Coimbatore.
Nithiyanandam (deceased)
54.
T.Karpagam,
W/o.Late Nithiyanandam,
28, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
55.
N.Kumaravel,
S/o.Late Nithiyanandam,
28, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
56. Elavar N.Umasankari,
D/o.Late Nithiyanandam,
28, Ramalinga Gounder Street,
Vadavalli, Coimbatore.
57. S.Rajini,
W/o.Late Namasivayam,
7/10 A, Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
58. N.Vadivel,
S/o.Late Namasivayam,
7/10 A, Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
59. N.Viswanathan,
S/o.Late Namasivayam,
7/10, A.Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
60. N.Ramathilagam,
D/o.Late Namasivayam,
7/10 A, Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
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2026:MHC:4351
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61.
N.Kirubakkaran,
S/o.Late Namasivayam,
7/10 A, Chinnasamy Gounder Street,
Vadavalli, Coimbatore.
...Respondents 1 to 61/
Claimants
62.
The Registrar,
...Respondent No.62/
Beneficiary
Bhrathiar University,
Coimbatore.
PRAYER:- Appeal suit filed under Section 54 of the Land Acquisition
Act, 1894 praying to set aside the Order dated October 29, 2007 passed in
L.A.O.P. No.106 of 1986 by the I Additional Sub Court, Coimbatore.
For Appellant :Ms.D.Chitra Maragatham, Government Advocate
For Respondents
:Mr.V.Anandhamoorthy
for Respondents 2 to 5, 14 to 16, 18, 26 to 28
30, 31, 33 to 41, 45 to 55, 58 to 61
:Mr.R.Bharath Kumar
for Respondents 13, 22, 24, 42, 43 and 44
:Served, no appearance - Respondents 56 & 57
:Not ready in notice - Respondents 1,6 to 9, 11,19 to 21,
30,31,48,60 & 62
: Passed away - Respondents 10,12,17,23,25,27, 29 & 32
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2026:MHC:4351
A.S. No.951 of 2010
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]
assailing the quantum of compensation awarded in the Land Acquisition
Original Petition in L.A.O.P No.106 of 1986 by 'the I Additional
Subordinate 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 165 Acres 15 Cents of patta land in Vadavalli
Village, Coimbatore Taluk was inter-alia acquired for the establishment of
Bharathiyar University at Coimbatore. The aforesaid extent was split into 3
blocks for administrative convenience. The present Appeal Suit relates to
Block No.1 consisting of an extent of 40 Acres 46 Cents 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]
306/1A 2.13 2.13
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306/1B 2.12 2.12
306/2 0.16 0.16
309 4.26 4.26
310/2 0.52 0.52
311 1.94 1.94
312 3.12 3.12
306/3B 0.83 0.83
307 1.53 1.53
308/1A 1.92 1.92
308/1B 2.00 2.00
314/2 2.97 2.97
308/2 4.07 4.07
313/1 2.33 2.33
313/2 2.33 2.33
314/1 2.97 2.97
315 5.24 5.24
Total 40.46 40.46
3. All the aforesaid 40 Acres 46 Cents are all Government manavari
dry lands subject to full assessment.
4. For the aforesaid 40 Acres 46 Cents, Section 4 (1) Notification
was issued on January 9, 1980. Section 5 (A) enquiry was conducted in
four sessions between June 30, 1980 and August 16, 1980. The
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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 September 1, 1982. After issuing
notice to the land owners and interested persons, L.A.O. conducted 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 Vadavalli
Village relating to a period of three years prior to the date of Section 4 (1)
Notification i.e., for a period from January 9, 1977 to January 9, 1980, and
accordingly L.A.O. gathered 362 sale instances from Sub-Registrar Office.
As per Serial No.153 of the said sales data, an extent of 1 Acre in Survey
No.364 of Vadavalli Village was sold for Rs.5,000/- vide Sale Deed dated
June 8, 1979 [Document No.1428 of 1979 on the file of Joint-I Sub-
Registrar Office, Coimbatore]. Taking the said Sale Deed as the Exemplar
Sale Deed, L.A.O. assessed Rs.5,000/- per Acre as the market value of the
lands under acquisition and passed Award No.1 of 1984 dated January 18,
1984.
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
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2026:MHC:4351
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the Land Acquisition Act, 1894 seeking higher compensation. Accordingly,
L.A.O. referred the matter to the Reference Court on June 1, 1984 vide
L.A. No.2 of 1978.
6. The Reference Court took cognizance of the reference in L.A.O.P.
No.106 of 1986. To be noted, for some other nearby lands in Vadavalli
Village, L.A.O. had fixed the same compensation amount and that matter
was also referred to the Court. The said reference was taken on file as
L.A.O.P. No.105 of 1986, and heard jointly with L.A.O.P. No.106 of 1986.
On the side of the claimants, Ganesan / Claimant No.19 in L.A.O.P.
No.106 of 1986 and R.Subramanian / Claimant No.97 in L.A.O.P. No.105
of 1986 were examined as C.W.1 and C.W.2 respectively and Ex-C.1 to
Ex-C.5 were marked. On the side of Referring Officer / L.A.O.,
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.5 were
marked.
7. After hearing both sides, the Reference Court found that the
acquired lands are situate abutting the Coimbatore - Marudhamalai Main
Road whereas the land covered under the Exemplar Sale Deed is located
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away from the said Main Road slightly in the interior and accordingly held
that the L.A.O. was not right in choosing the same as the Exemplar Sale
Deed. Further, found that L.A.O. had taken the lowest sale price found in
the sales data. Further, the sale under the Exemplar Sale Deed appears to
be an urgent sale under a necessity and hence, cannot be said to reflect a
true value. Further, the land covered under the Exemplar Sale Deed does
not have proper road access. 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 nearby
Somayampalayam Village was sold for Rs.5,500/-; and as per Ex-C.2 -
Sale Deed dated September 9, 1982, an extent of 8 Cents in Survey
No.297/1 of the same Vadavalli Village was sold for Rs.24,000/-; and as
per Ex-C.3 - Sale Deed dated February 29, 1984, an extent of 4 Cents 254
sq. ft. in Survey No.158/1 of the nearby Somayampalayam Village was
sold for Rs.45,828/- i.e., at the rate of Rs.10,000/- per Cent approximately.
Considering the above, 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.3 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
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Court assessed the market value of the lands under acquisition at the rate of
Rs.3,300/- 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.
ARGUMENTS:
9. Ms.D.Chitra Maragatham, learned Government Advocate
appearing for the appellant / L.A.O. would argue that L.A.O. gathered 362
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.153 as the Exemplar Sale Deed, land covered
whereunder is in Survey No.364 situate close to the acquired lands. 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.5 - Sale Deeds are all house plots whereas the
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acquired lands are dry lands, and hence not comparable. Further, Ex-C.2 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 plots covered
under Ex-C.1 and Ex-C.3 - Sale Deeds are situate in a different village
namely Somayampalayam 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 Vadavalli Village and hence, sale data from Somayampalayam Village
is not to be considered. The Reference Court failed to consider the above
aspects and erred in awarding a higher compensation. 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.V.Anandhamoorthy appearing
for Respondents 2 to 5, 14 to 16, 18, 26 to 28, 30, 31, 33 to 41, 45 to 55, 58
to 61, and Mr.R.Bharath Kumar appearing for Respondents 13, 22, 24, 42,
43 and 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
Coimbatore - Marudhamalai Main Road. At the time of acquisition itself,
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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
Somayampalayam Village. In fact, for the purpose of establishing
Bharathiyar University, land has been acquired from Somayampalayam
Village as well. Hence, there is no bar to consider Ex-C.1 and Ex-C.3 -
Sale Deeds relating to lands in Somayampalayam Village.
10.3. As evident from Ex-C.1 to Ex-C.3 - Sale Deeds, land was sold at
the rate of Rs.2,200/- per Cent in 1977, Rs.3,000/- per Cent in 1982 and
Rs.10,000/- per Cent in 1984. Ex-C.2 and Ex-C.3 were executed just after
the Section 4 (1) Notification and the same can be considered for analysing
the market value. A steady and steep increase in land price in the vicinity
could be observed from Ex-C.1 to Ex-C.3.
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10.4. The Reference Court upon rightly considering the above aspects
and the materials placed on record, fairly assessed the market value at
Rs.3,300/- 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.5 - Sale Deed dated June
6, 1979 registered as Document No.1428 of 1979 on the file of
Joint-I Sub-Registrar Office, Coimbatore, found in Serial No.153
of the sales data, as the Exemplar Sale Deed ?
(ii) Whether the award of compensation by the Reference Court at the
rate of Rs.3,300/- 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 ?
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DISCUSSION AND DECISION:
Point No.(i):-
12. Perused Ex-R.3 - Sales Statistics consisting of 362 Sale Deeds as
well as Ex-R.5 - Exemplar Sale Deed in Serial No.153 thereof. Perusal of
Ex-R.3 - Sale Statistics would show that, out of the total 362 sale instances
contained therein, most of them were sale of house plots. Further, R.W.1 -
Special Tahsildar in her evidence has admitted that most of the lands in the
vicinity of the acquired lands were already developed into house plots at
the time of acquisition. These show that the acquired lands, though dry
lands, have good potential for immediate development and growth in terms
of value. Further, in the Award, L.A.O. has stated that the aforesaid 40
Acres 46 Cents in Block No.1 is situate abutting the Coimbatore -
Marudhamalai Main Road and that the lands are compact and contiguous
and hence it would not be proper to divide the lands by their proximity to
the road. In other words, L.A.O. has stated that the acquired lands are
contiguous and stretch along the Main Road with higher frontage and
lesser depth and as the frontage to depth ratio is high, there is no need to
classify the lands based on their proximity to the Main Road. In Ex-R.4 -
Topographical Sketch, the acquired lands have been traced in green.
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Perusal of the same would fortify the aforesaid statement made by L.A.O
in the Award.
13. Whereas, In Ex-R.3, under the remarks columns [Column
No.13] against Serial No.153, L.A.O. has remarked as hereunder:
"Genuine and reasonable sale in the Block. May be adopted
for valuation. Slightly in interior to the road margin."
13.1. Further, in Ex-R.4 - Topographical Sketch, the property covered
under the Exemplar Sale Deed has been traced in red and it can be seen
that the same lies slightly away from the acquired lands traced in green, in
the interior. Further, the land covered under the Exemplar Sale Deed is an
extent of 1 Acre in the total 5 Acres 77 Cents in that survey number. It does
not appear to have proper access facilities. Further, perusal of the recitals
contained in the Exemplar Sale Deed would give an impression that the
sale was made under a urgent family necessity; the vendor sold off the 1
Acre to clear his daughters' debts in bank. Hence, there is an element of
uncertainty in whether the sale price in the Exemplar Sale Deed reflects the
true market value or not. Further, there are relatively better sale matches
(Ex-C.1 to Ex-C.3) than the sale under Exemplar Sale Deed as discussed
infra. In these circumstances, in view of the immediate growth potential of
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the acquired lands and their proximity to the Main Road as well as in view
of their other features like the high frontage, this Court is of the considered
view that the property covered under the Exemplar Sale Deed cannot be
said to be the best among the available, for comparison with the acquired
lands. Hence, the Reference Court rightly held that L.A.O. is not justifiable
in choosing Ex-R.5 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.
Point No.(ii):-
14. 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.2 -
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. That apart, under Ex-C.3 - 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.
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15. There is no serious dispute with regard to the fact that Vadavalli
Village and Somayampalayam Village are adjacent villages. Hence, the
argument that the land covered under Ex-C.3 lies in a different village
loses its force. Further, though Ex-C.2 and Ex-C.3 were 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.
16. In the year 1977, that is to say, about three years prior to the date
of acquisition itself, market value of house plots in the vicinity of the
acquired lands was around Rs.2,200/- per Cent. The acquired lands have an
attractive and distinguishable special feature, compared to the properties
under Ex-C.1 to Ex-C.3 - Sale Deeds as well as that covered under
Exemplar Sale Deed, which is the higher frontage to depth ratio along the
Coimbatore - Marudhamalai Main Road. In view of the same, though the
acquired lands are dry lands and the properties under Ex-C.1 to Ex-C.3 are
house plots, this Court is of the view that they can be compared directly. In
addition, the acquired lands are well connected to the city by road and
public transportation and have immense and immediate growth potential as
stated above.
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17. In view of the above, this Court is of the view that the market
value fixed by the Reference Court at the rate of Rs.3,300/- per Cent for
the acquired lands appears to be just, fair and reasonable.
Point No.(ii) is answered accordingly in favour of the claimants and
against L.A.O.
Point No.(iii):-
18. 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 :-
19. 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,
along with proportionate accrued interest at the rate fixed by the Reference
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Court, to the credit of L.A.O.P. No.106 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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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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