N. PONNUSAMY Vs. SPECIAL TAHSILDAR LAND ACQUISITION

JUDGEMENT

(1.) This review petition has been filed to review the order dated 07.04.2016 passed by the Division Bench of this Court in A.S. No. 512 of 2011.

(2.) The brief facts of the case which are necessary for determination of the disputes involved in this case are as follows:-

(3.) The Government of Tamil Nadu proposed to widen and strengthen the existing State Highways Roads inter alia to form new bypass roads in important Towns in the State of Tamil Nadu. For this purpose, the Government issued G.O. Ms. No.174, Highways Department dated 25.09.2001 authorising the District Collectors to acquire certain lands through private negotiations. As per the order passed by the Government, in Thiruvannamalai District, around 47 Villages located in 4 Taluks were chosen for widening the roads and 18 Villages in 3 Taluks were chosen for forming the bypass. In Tiruvannamalai Taluk itself, lands located in 8 Villages were chosen for forming bypass, including Nochimalai Village. In the aforesaid Village, the lands chosen for acquisition were located in 24 sub-divisions. Out of them, 22 sub-divisions were acquired through private negotiation. Since the land owners in respect of the remaining 2 sub-divisions did not accept the valuation fixed by the Collector under G.O. Ms. No.40, Highways Department dated 25.02.2003 during the private negotiation held on 14.03.2005, the Government decided to acquire the lands of those two persons under the provisions of the Tamil Nadu Highways Act, 2001. Hence, notice under Sec. 15 (2) of The Tamil Nadu Highways Act, 2001 in form A was served on the two land owners namely Ponnusamy and Amsaveni, the Review Petitioners herein on 18.08.2008 and the notice was also published in the newspapers on 22.09.2008. Thereafter, the Government issued orders in G.O. Ms. No.57, Highways dated 03.04.2009 which was also published in the Government Gazzette on 22.04.2009. Subsequently, the District Collector, Tiruvannamalai passed an award in Award No.10 of 2009 dated 19.05.2009 fixing the market value for the lands acquired from the review petitioners at Rs.25.75 per square feet. Aggrieved by the award, the land owners/review petitioners sought for a reference. Hence, a reference was also made and it was taken on file as LAOP No. 1 of 2009 on the file of Principal Subordinate Judge, Tiruvannamalai. By an award dated 09.11.2009, the Reference Court enhanced the compensation to Rs.100.00 per square feet. In addition, the Reference Court also awarded compensation for severance, compensation for resettlement and rehabilitation and compensation for certain construction, trees and fencing. By virtue of such award dated 09.11.2009, the total compensation awarded by the respondent herein at Rs.6,25,716.00 was enhanced to Rs.95,83,662.00. Aggrieved by the enhancement of the compensation, the respondent - Special Tahsildar (Land Acquisition) has filed A.S.No. 512 of 2011 before the Division Bench of this Court during Aug. 2011.