Mohanambal and Others Vs. Union of India Represented by Secretary to Government (Revenue) Pondicherry and Another

Mohanambal and Others vs Union of India Represented by Secretary to Government (Revenue) Pondicherry and Another

Type Court Judgment Court Chennai Decided Oct 19, 2012

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Citation: sooperkanoon.com/953372
Court: Chennai High Court
Judge: G. Rajasuria
Decided On: Oct 19, 2012
Case Number: A.S.No.1005 of 2012
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition Act - Section 4 (1) -

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Mohanambal and Others

Advocate For the Appellants: Bhartha Chakravarthy for M/s Sai Bharath and Ilan, Advocate. For the Respondents: A.S. Baradhi, Govt. Advocate for Govt. Pleader (P).

Respondent

Union of India Represented by Secretary to Government (Revenue) Pondicherry and Another

Excerpt

land acquisition act - section 4 (1) -.....the land in various survey numbers for the purpose of establishing industrial growth centre at polagam t.r.pattinam firka in karaikal area in the union territory of puducherry. after complying with the procedures, the land acquisition officer acquired the land and passed an award dated 31.03.2000 assessing the compensation in a sum of rs.1,800/- for wet lands and rs.1,200/- for dry lands per are. being aggrieved by such awarding of the compensation, the land owners got the matter referred to the sub court under section 18 of the land acquisition act. ultimately the sub court enhanced the compensation to a sum of rs.3,375/- per are for interior lands rs.4,793/- per are for the acquired lands abutting the road. 3. heard both sides. 4. at the hearing, the learned advocates on both sides, in unison, would submit that this is an appeal which is in parimateria with the batch of appeals, which were disposed of by this court vide the order dated 28.07.2010 in a.s.nos.889 of 2004 etc., in assessing one are in a sum of rs..4,793/- (rupees four thousand seven hundred and ninty three only). both sides would pray for passing similar order. 5. i could see considerable force in their submission and no exception could be carved out in this case alone. as such the order passed in a.s.nos.889 of 2004 etc. could be adhered to. the judgment of the lower court is modified by ordering that per are should be assessed in a sum of rs.4,793/- (rupees four thousand seven hundred and ninty three only). accordingly, the calculation shall be made and the land owners/land losers/claimants shall be entitled to other statutory benefits as per law. accordingly, this appeal is ordered. however, there shall be no order as to costs.

Full Judgment

(This appeal is focussed as against the award of the Additional District Judge, Pondicherry at Karaikal dated 24.08.2007 in LAOP No.15 of 2003.)

This appeal is focussed as against the Award of the Additional District Judge, Pondicherry at Karaikal dated 24.08.2007 in LAOP No.15 of 2003.

2. The nut-shell facts, which are absolutely necessary and germane for the disposal of this appeal would run thus:

The Government vide the Notification dated 21.07.1998 made under Section 4 (1) of the Land Acquisition Act, intended to acquire the land in various survey numbers for the purpose of establishing Industrial Growth Centre at Polagam T.R.Pattinam Firka in Karaikal Area in the Union Territory of Puducherry. After complying with the procedures, the Land Acquisition Officer acquired the land and passed an award dated 31.03.2000 assessing the compensation in a sum of Rs.1,800/- for wet lands and Rs.1,200/- for dry lands per are. Being aggrieved by such awarding of the compensation, the land owners got the matter referred to the Sub Court under Section 18 of the Land Acquisition Act. Ultimately the Sub Court enhanced the compensation to a sum of Rs.3,375/- per are for interior lands Rs.4,793/- per are for the acquired lands abutting the road.

3. Heard both sides.

4. At the hearing, the learned Advocates on both sides, in unison, would submit that this is an appeal which is in parimateria with the batch of appeals, which were disposed of by this Court vide the order dated 28.07.2010 in A.S.Nos.889 of 2004 etc., in assessing one are in a sum of Rs..4,793/- (Rupees four thousand seven hundred and ninty three only). Both sides would pray for passing similar order.

5. I could see considerable force in their submission and no exception could be carved out in this case alone. As such the order passed in A.S.Nos.889 of 2004 etc. could be adhered to. The judgment of the lower Court is modified by ordering that per are should be assessed in a sum of Rs.4,793/- (Rupees four thousand seven hundred and ninty three only). Accordingly, the calculation shall be made and the land owners/land losers/claimants shall be entitled to other statutory benefits as per law.

Accordingly, this appeal is ordered. However, there shall be no order as to costs.

Same Court & Year Chennai · 2012 Same Parties Mohanambal and Others vs Union of India Represented by Secret... Same Subject Land Acquisition Same Judge G. Rajasuria

Land Acquisition