Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 779 OF 2012
CHIDAMBARAM Appellant(s)
VERSUS
SPL.TAHSILDAR LAND ACQUISITION & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. The dispute is with regard to the fixation of
land value in respect of the land acquired from the
appellant by Award No. 1 of 1994 of the Land
Acquisition Collector, Erode, Tamil Nadu.
2. The High Court, following the decision in A.S.No.
759-764 of 1999 decided on 02.03.2009, fixed the land
value at the rate of Rs. 8 per sq. foot. That
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Judgment was challenged before this Court leading to
the Judgment dated 01.08.2011 titled as "Valliyammal
and Another Vs. Special Tahsildar (Land Acquisition)
and Another" and that decision is reported in (2011)
8 SCC 91.
3. We find from paragraph 8 of the Judgment that all
those lands covered by the Notification dated
15.04.1991, 27.05.1991 and 22.05.1991 have been
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granted land value at the rate of Rs. 8 per sq. foot
by the High Court. Appellant's land was acquired
persuant to Notification dated 22.05.1991.
4. This Court, at paragraph 26 of the Judgment
aforementioned, fixed the land value in respect of
the Notifications dated 15.04.1991, 16.04.1991 and
27.05.1991 as under :-
"26 (ii) For the acquisitions made by
the Notifications issued on 15-4-1991,
16-4-1991 and 27-5-1991, the base
document will be sale deed dated 8-2-1991
vide which land was sold at the rate of
Rs. 30 per square foot. One-third of Rs.
30 is equal to Rs. 10 per square foot.
After deducting Rs. 10 from Rs. 30,
market value will be Rs. 20 per square
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foot."
5. Since the appellant's land has been treated
similar to the Notifications dated 27.05.1991 and
15.04.1991, where the land value has been fixed at
the rate of Rs. 8 per sq. foot, we allow this appeal,
holding that the appellant shall also be entitled to
the same treatment as per the order extracted above
of this Court in Valliyammal's case (supra) i.e. the
land value being fixed at the rate of Rs. 20 per sq.
ft.
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6. The appellant shall also be entitled to the
statutory benefits. The benefits, as above, shall be
computed by the responents and deposited before the
Executing Court within a period of two months from
the date of production of this Judgment by the
appellant before the District Collector.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 17, 2016.
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