LAWS(MAD)-2010-4-241

SPECIAL TAHSILDAR [LA] NAMAKKAL Vs. V SARAVANAN

Decided On April 06, 2010
SPECIAL TAHSILDAR LA, NAMAKKAL Appellant
V/S
V.SARAVANAN Respondents

JUDGEMENT

(1.) FEELING aggrieved by the enhancement of compensation from 0.79 Paise to Rs.100/- per sq. ft. in respect of the lands acquired in Vallipuram village, Namakkal Taluk for formation of bye-pass road to Namakkal town, the Special Tahsildar and National Highways Authorities of India have filed these Appeals. Since, all the appeals arise out of common order and the points for consideration are one and the same, all the Appeals were taken up together and disposed of by this Common Judgment.

(2.) LARGE extent of lands were acquired for formation of bye-pass road to Namakkal town having length of about 8 Kilometers. An extent of 11.47.0 Hectares of lands in Vallipuram village were acquired. Sec.4(1) notification was approved in G.O.No.1242 P.W. (Highways) H.P.1 dated 24.8.1993 and published in Tamil Nadu Government Gazette on 22.9.1993. Sec.4(1) notification was also published in Tamil newspapers viz., "Makkal Kural" and "Kumari Murasu" on 23.9.1993 and the substance of the above notification was also published in the village on 25.10.1993. Sec.5-A enquiry was conducted on 15.04.1994. Sec.6 notification was published in the Government Gazette on 20.07.1994 and in the newspapers on 21.07.1994 and substance of the said notification under Sec.6 of the Act was also published in the locality on 08.08.1994.

(3.) ON objection raised by the land owners, reference under Sec.18 of the Land Acquisition Act were made. References were taken on file as LAOP Nos.3, 4, 6, 9, 10, 11, 12, 13/1996 and 11, 12, 13, 14, 15/1997 and 27/2002. In the Reference Court, LAOP.Nos.3 to 6, 9 to 13/1996 were taken up together and disposed on 28.04.2000 as one Batch. LAOP.Nos.15, 11 to 14/1997 were taken up together and disposed on 30.09.2002 as one Batch. Adopting the same rate, LAOP.No.27/2002 was disposed on 02.04.2004 separately. Before the Reference Court, the Special Tahsildar [Land Acquisition] and the Divisional Engineer, National Highways, Salem alone were Respondents. The Beneficiary/Requisitioning Body for which the lands were acquired viz., National Highways Authorities of India [NHAI] was not made as a party in the LAOPs.