N MAHADEVAN Vs. COMMISSIONER AND SECRETARY

JUDGEMENT

(1.) THIS is one of the astonishing cases, wherein a citizen aged 95 years is made to fight in this Court in respect of a property measuring an extent of 24.75 cents in Survey No.363/12 and in Survey No.410/5 in Velachery Village, Mambalam-Guindy Taluk, which was acquired by the respondents by issuance of a notification under Section 4(1) of the Land Acquisition Act as early as on 25.05.2000. The acquisition was for widening the road already in existence.

(2.) THE award was passed in Award No.1 of 2003 and the matter was referred under Section 18 of the Act for enhancement of compensation. It was in L.A.O.P.No.33 of 2003, the market value of the property was enhanced to Rs.484/- per sq. ft. as against Rs.76/- sq. ft. fixed by the authorities. That apart, the value of the superstructure was fixed at Rs.77,989/- and the petitioner was awarded solatium at 30% and additional market value at 12% per annum from 25.05.2000 to 28.05.2003 on the enhanced market value of the land and the value of the superstructure. In addition, the petitioner was awarded 9% per annum from 29.05.2003 to 28.05.2004 and thereafter, at the rate of 15% per annum from 29.05.2004 till the payment on the aggregate excess amount of the market value, solatium and the additional market value. That was passed in L.A.O.P.No.33 of 2003 as early as on 25.04.2005 by the VI Assistant Judge, City Civil Court, Chennai.

(3.) IN view of the same, the writ petition stands allowed with a direction to the respondents to deposit the entire enhanced amount of compensation to the credit of L.A.O.P.No.33 of 2003 on the file of the VI Assistant Judge, City Civil Court, Chennai with all benefits in respect of the petitioner's lands comprised in Survey No.363/12 and in Survey No.410/5 in Velachery Village acquired by the respondents for extension of road, as stated in the judgment dated 25.04.2005 passed in L.A.O.P.No.33 of 2003 within a period of ten (10) days from the date of receipt of a copy of this order. No costs.