B.A.KIRUBAKARAN Vs. SPECIAL TAHSILDHAR LAND ACQUISITION

JUDGEMENT

(1.) The Appeal Suits are filed challenging the common Judgment passed in L.A.O.P.Nos.899 of 1998, etc., dated 24.06.2013, common Judgment in L.A.O.P.Nos.1037 of 1998, etc., dated 24.06.2013 and the common Judgment in L.A.O.P.Nos.150 of 1998, etc., dated 28.10.2014.

(2.) The learned counsel appearing on behalf of the appellants mainly contended that on account of fixation of various amount of compensation in respect of the same acquisition proceedings, the land losers sustained monetary loss and an injustice is caused to the land losers, despite the fact that the acquisition was done in respect of the same area. The learned counsel for the appellants reiterated that on the same day, i.e.24.06.2013, two common Judgments were delivered by the L.A.O.P. Court and in the first Judgment in L.A.O.P.Nos.899 of 1998, etc., the amount of compensation was fixed as Rs.4,500/-. The Land Acquisition Officer fixed Rs.200/- per cent, which was enhanced by the Trial Court from Rs.200/- to Rs.4,500/-. On the very same day, another common Judgment in L.A.O.P.Nos.1037 of 1998, etc., dated 24.06.2013 was delivered by the very same Sub Court, Ponneri, wherein, the compensation fixed by the Land Acquisition Officer as Rs.200/- is enhanced to Rs.4,750/-. When two common Judgments are delivered in respect of the same acquisition proceedings, two different compensation amount has been fixed. Thus, the fixation of compensation itself was improper. In a third set of acquisition proceedings, a common Judgment was passed by the Trial Court on 28.10.2014, wherein, the compensation amount was enhanced to Rs.6,540/-. Against the enhancement, the Special Tahsildhar, Land Acquisition filed Appeal Suits before this Court.

(3.) A batch of appeals were taken up for hearing and the Hon'ble Division Bench of this Court passed orders, dismissing the appeals filed by the Special Tahsildhar and accordingly, the enhanced compensation fixed by the L.A.O.P. Court was confirmed. A review application was filed by the land losers, which was also dismissed by the Hon'ble Division Bench and the learned counsel for the appellants made a submission that all those appeals were filed by the Special Tahsildhar, Land Acquisition and the land losers have not filed any appeal during the relevant point of time. Thus, they have preferred the present Appeal Suits seeking enhancement of compensation.