UTHANDI Vs. SRINIVASAN

JUDGEMENT

(1.) The 2nd claimant/Uthandi in L.A.O.P.No.1 of 2013 claiming share in the compensation awarded by the Highways Department for the well acquired in S.No.280/1B2A, is the appellant herein. The 1st claimant/Srinivasan, who is the co-owner is the 1st respondent herein

(2.) The crux of the appeal is that the National Highways Department acquired vast extend of land for their project which includes the land belongs to family of Gopal Gounder family. An award was passed for a sum of Rs.30,66,124.00 in respect of 2nd item (Well) jointly owned by the claimants. Due to the dispute between the claimants regarding the apportionment of the compensation, the 2nd claimant/Uthandi being aggrieved by the award of the Tribunal has preferred this appeal.

(3.) According to the appellant, the suit property originally belong to Gopal Gounder. It is a joint family property consisting of Gopal Gounder and his sons Kothandaraman, Uthandi and Srinivasan. On 27/6/1984, there was a partition between family members wherein the properties were allotted to the family members and after the partition, they were enjoying their respective shares allotted to them in the partition. The well Kavalaipadi, along with 5 H.P motor and electricity connection were allotted to the claimants Uthandi/2nd claimant and Srinivasan/1st claimant to share them equally. For the purpose of laying bypass road near Kilpennathur National Highways, 0/15/86 Hectare out of 0.32.5 Hectare of land in S.No.279/1 was acquired and assigned as S.No.279/1B. For the said land, a sum of Rs.2,77,391.00 was awarded to the 1st claimant/Srinivasan. For 0/24/60 Hectare of land out of 0.42.5 Hectare of land in S.No.280/1B1 acquired and reassigned as S.No.280/1BA1 and a sum of Rs.4,30,254.00 was awarded to the 1st claimant/Srinivasan. In S.No.280/1B2 a well in 0/1/64 Hectare was acquired and reassigned as S.No.280/1B2A. For the said well, a sum of Rs.26,89,592.00 was awarded as compensation to Srinivasan. That apart, an old well in S.No.280/1B2 was valued at the cost of Rs.3,76,532.00. Srinivasan and Uthandi have equal rights in the said well.