SPECIAL TAHSILDAR Vs. SUBARAYALU AND OTHERS

JUDGEMENT

(1.) With the consent of counsel on both sides these appeals are taken up for consideration and all the counsel concerned in these appeals have been heard fully.

(2.) These appeals are concerned with three types of lands acquired by the Government, viz., cashew topes, house sites and man vari dry lands. The following tabular statement contains the particulars of the lands acquired, the extent, classification and the rate awarded by the Land Acquisition Officer as well as the Subordinate Judge. <FRM>JUDGEMENT_140_LAWS(MAD)2_1995_1.html</FRM>

(3.) The learned Government Pleader submits that the Land Acquisition Officer dealt with these lands by one award, viz., Award No. 3/80-81, dated 5-5-1980. all the lands are situated in Periyakurichi village. All these lands were considered by one common Judgment by the Subordinate Judge, dated 20-8-1984. He dealt with 15 original petitions. There were 15 appeals by the Government, but 5 of them were disposed of already by a Division Bench of this Court by one common judgment dated 10-6-1991. The remaining 10 appeals are now before us. The Division Bench set aside the award passed by the Subordinate Judge by reducing the compensation fixed by him. The Division Bench held that the compensation was award able at the rate of Rs. 30,000.00 per acre for cashew topes, Rs. 15,000.00 per acre for punja lands and Rs. 20,000.00 per acre for house sites. It is on that basis the Division Bench directed payment of compensation to the claimants. Learned Government Pleader submits that the said Judgment of the Division Bench is binding in so far as these 10 appeals are concerned and we cannot take a different view in these 10 appeals, as the evidence in all the 15 cases was recorded in common and the subordinate Judge disposed of all of them by a common judgment.