LAND ACQUISITION OFFICER Vs. PANEERSELVAM

JUDGEMENT

(1.) All these three appeals arise out of a common Judgment dated 30.04.2015 passed in L.A.O.P. Nos. 30, 31 and 32 of 2013 respectively on the file of VI Assistant Judge, City Civil Court, Chennai, whereby the Reference Court has enhanced the compensation payable to the first respondent for acquisition of his lands from Rs.1,568.00 to Rs.5,500.00 per square feet. The Reference Court also directed the appellant to pay to the first respondent 30% solatium on the aggregate enhanced compensation amount determined by it, 12% additional market value on the enhanced compensation from the date of issuance of notification under Sec. 4 (1) of the Land Acquisition Act till the date of passing of the award together with 9% interest on the aggregate enhanced compensation amount from the date of taking possession of the acquired lands for one year and thereafter at the rate of 15% per annum till the award amount is deposited. Aggrieved by such enhancement of compensation, government has come forward with these appeals.

(2.) As all the three appeals arise out of a common judgment, the parties to the appeals are also one and the same, all the appeals are taken up together and are disposed of by this common judgment.

(3.) The first respondent in these appeals is the owner of the lands. The second respondent is the requisitioning body. The lands of the first respondent situate in Survey Nos. 2/3 measuring 11,366.68 square feet; 3/2 measuring 6431.82 square feet and Survey No. 4/2 measuring 1184 square feet in Koyambedu Village were sought to be acquired for the purpose of laying Metro Rail track. In this context, a notification under Sec. 4 (1) of the Land Acquisition Act was published in Tamil Nadu Government Gazzette No.285, Part-II, Sec. 2 dated 06.11.2009 for acquisition of various lands, including the lands of the petitioner and after complying with the formalities, an award in Award No.1 of 2011 dated 12.01.2011 was passed by the appellant herein determining the compensation payable to the first respondent herein at Rs.1,568.00 per square feet..