SPECIAL TAHSILDAR Vs. TMT JAYALAKSHMI

JUDGEMENT

(1.) The property measuring about 2.42 acres of land in Vellakoil village belonging to Tmt.Jayalakshmi, the respondent herein, was acquired for the purpose of providing house sites for B.C. and M.B.Cs. On 3.1.1994, the Section 4(1) Notification was published. Ultimately on 23.12.1994, in pursuance of the enquiry, the Department took possession of the property. After enquiry, the Special Tahsildar, A.D.W., Kangayam, the petitioner herein has fixed the compensation value at Rs.25,000/- per acre and granted 30% solatium.

(2.) The respondent, aggrieved by the quantum of the Award, filed an appeal before the Sub Court, Dharapuram. Ultimately, by the order dated 17.3.1997, the compensation amount from Rs.25,000/- per acre was enhanced to Rs.2,75,000/- with 30% solatium and interest at 12% p.a. to be paid till the date of actual payment of the entire compensation as per Section 23(1)(A) of the Land Acquisition Act.

(3.) The respondent filed I.A.No.14 of 2001 for amendment of the decree under Sections 151, 152 and 153 C.P.C. praying for the deletion of the terms under Section 23(1)(A) of the Land Acquisition Act on the ground that Section 23(1)(A) found in the decree does not represent the letter and spirit of the judgment. The Special Tahsildar, the petitioner herein also filed I.A.No.43 of 2001 to review the order of the Court below under Sections 114, 151 and 152 C.P.C. stating that as per Section 23(1)(A), the respondent would be entitled to payment of 12% interest only up to the date of taking the possession or the date of the Award, whichever is earlier. As such, the respondent would not be entitled to 12% interest till the date of actual payment of the entire compensation.