PHOOLVATI DHARAMBIR AGGARWAL Vs. COLLECTOR OF MADRAS

JUDGEMENT

(1.) (Appeals filed against the judgment and decree dated 29th April, 1994 in L.A.O.P.No,3 of 1991 on the file of VIII Asst. Judge City Civil Court at Madras (In charge of the VI Asst. City Civil Court). For making expansion in the existing facilities and for additional facilities for Bharat Petroleum Corporation Limited, Madras at Tondiarpet Village of Fort-Tondiarpet Taluk, a proposal to acquire an extent of 227.15 cents of land in S.No,3821/2, 3822/3, 3825/2 in Tondiarpet village was made and the same being approved in G.O.Ms.No,211, Industries (MIA-1) Department, dated 27.3.1987, the section 4(1) notification under the Land Acquisition Act 1894 was published on 27.11.1987. Thereafter, 5-A enquiry was also conducted on 17.2.1988.

(2.) THOUGH affected parties as well as the Officer concerned from the Bharat Petroleum Corporation and Oil and Natural Gas Commission appeared for enquiry, the land owners have no objection for the acquisition of the above said lands but insisted for the payment of correct compensation to them. After a careful study of the enquiry records, expansion of site and taking into consideration of the objections and remarks of the requisitioning body and the willingness of the owners of the land and interested persons to part with the land in favour of the Bharat Petroleum Corporation Ltd., the Land Acquisition Officer decided that the requisitioning body viz., Bharat Petroleum Corporation Ltd., has a preferential claim over the lands for the expansion of its plant, in a suitable location for which the real need of the above lands was found. The objections raised by the occupier- Oil and Natural Gas Commission were overruled.

(3.) AGGRIEVED by the Judgment and decree passed by the City Civil Court, Chennai in LAOP.No,3/1991 fixing Rs.2,25,000/- per ground as Compensation along with consequent benefits, the Collector of Madras/the appellant has filed the appeal in AS.No,687/2002. The claimants being not satisfied with the enhancement of compensation made by the reference court filed appeal in A.S.No.1109/1994. The requisitioning body also filed appeal in A.S.No.1064/1994 questioning the enhancement of compensation made by the reference court. The main crux of the argument advanced by the learned Government Pleader is that the reference court has erred in enhancing the compensation from Rs.54,153/- to Rs.2,25,000/- without any basis or support of any relevant documents and therefore prayed this court to affirm the amount of compensation fixed by the Land Acquisition Officer as correct in fixing of Compensation to the land owner.