LAKSHMANA GOUNDER Vs. SPECIAL DEPUTY COLLECTOR LA

JUDGEMENT

(1.) For providing security measures and other purposes to Salem Steel Plant, the Tamil Nadu Government has acquired large extent of lands which include the lands which are subject matter in A.S.Nos.1113 and 1114 of 1989 preferred against L.A.O.P.No.31 and 2 of 1978 respectively. The land which is the subject matter of L.A.O.P.No.2 of 1978 is an extent of 7.01 acres comprised in Survey Nos.39/2C1 to 39/2C4 and 39/2E. The land which is the subject matter of L.A.O.P.No.31 of 1978 is an extent of 73 cents comprised in Survey Nos.39/2A, 39/2B and 39/2D. Notification under sec.4(1) of the Land Acquisition Act was issued by the Government on 12.2.1964. Declaration under sec.6 was made on 18.1.1969. The Land Acquisition Officer, after complying with the provisions of the Land Acquisition Act, passed award No.7 of 1977 dated 9.11.1977 and award No.12 of 1977 dated 28.12.1977 respectively. . As there was dispute with regard to ownership of the land, the entire compensation amount was deposited in the court of Principal Sub Judge, Salem and the matter was referred under sec.30 and 31(2) of the Land Acquisition Act.

(2.) The appellant herein is the third claimant in both the L.A.O.P.s. Respondents 2 and 3 herein are claimants 1 and 2 in both the L.A.O.P.s. The Reference Court disposed of both the L.A.O.P.s by a common order. Hence, we also propose to dispose of both the appeals by a common judgment.

(3.) The case of the appellant is as follows:- About 52 years back, a oral partition had taken place between his paternal grandfather Ramanna Gounder and his sons. In the said partition, Survey Nos.39/2C1 measuring 3.53 acres, 39/2C2 measuring 2.38 acres, 39/2C3 measuring 0.95 cents, 39/2C4 measuring 0.15 acres 39/2E measuring 1.49 acres and other lands were allotted to his father Paramasiva Gounder who was in possession and enjoyment after obtaining patta in No.68. Subsequently, in a oral partition between the sons of Paramasiva Gounder and the appellant, the land in Survey No.33/2C1 measuring 3.53 acres, 39/2C2 measuring 2.38 acres, 39/2C3 measuring 0.95 cents, 39/2C4 0.15 cents and 39/2C3 1.49 acres and some other lands were allotted to him. The appellant was in possession of the said lands eversince the date of partition till the acquisition proceedings were initiated. His paternal uncle Palani Gounder, the vendor of respondents 2 and 3 who got some other lands in the said partition has initiated proceeding under sec.145 Cr.P.C. against the appellant and others in respect of acquired lands. In the said proceedings, a direction was given by the Revenue Divisional Officer to seek his remedy if any before the civil court. Thereafter, the said Palani Gounder has executed a nominal deed in favour of respondents 2 and 3 without filing any suit. The respondents 2 and 3 filed a suit in O.S.No.921 of 1966 before the District Munsif Court, Sankari against the appellant which was later withdrawn. In the meanwhile an enquiry was conducted under the Inam Abolition Act and the Settlement Officer wrongly ordered for patta in favour of respondents 2 and 3 herein in respect of the lands in Survey Nos.39/2C1, 39/2C2, 39/2C3, 39/2C4 and other lands. The appellant herein has preferred an appeal against the order of the Settlement Officer in which his name was also included in the said patta. The land acquired under Survey Nos.39/2C1 to 39/2C4 belonged to the appellant herein in which respondents 2 and 3 have no right at all. The other land acquired was an extent of 73 cents comprised in Survey No.39/2A measuring 0.05 cents, 39/2B measuring 0.28 cents and 39/2D 0.40 cents. The appellant herein has claimed the entire compensation of Rs.3605.95 awarded.