CHIDAMBARAM Vs. SPL.TAHSILDAR LAND ACQUISITION & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 779 of 2012, Judgment Date: Feb 17, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 779 OF 2012

CHIDAMBARAM                                                     Appellant(s)

                                VERSUS

SPL.TAHSILDAR LAND ACQUISITION & ORS.                          Respondent(s)


                               J U D G M E N T

KURIAN, J.
1.    The dispute is with regard to the fixation of land  value  in  respect
of the land acquired from the appellant by Award No. 1 of 1994 of  the  Land
Acquisition Collector, Erode, Tamil Nadu.

2.    The High Court, following the decision  in  A.S.No.  759-764  of  1999
decided on 02.03.2009, fixed the land value at the rate of  Rs.  8  per  sq.
foot.  That Judgment  was  challenged  before  this  Court  leading  to  the
Judgment dated 01.08.2011 titled as "Valliyammal  and  Another  Vs.  Special
Tahsildar (Land Acquisition) and Another" and that decision is  reported  in
(2011) 8 SCC 91.

3.    We find from paragraph 8 of the Judgment that all those lands  covered
by the Notification dated 15.04.1991, 27.05.1991 and  22.05.1991  have  been
granted land value at the rate of Rs. 8 per sq.  foot  by  the  High  Court.
Appellant's land was acquired persuant to Notification dated 22.05.1991.

4.    This Court, at paragraph 26 of the Judgment aforementioned, fixed  the
land value in respect of the Notifications dated 15.04.1991, 16.04.1991  and
27.05.1991 as under :-
"26 (ii)    For the acquisitions made by the Notifications issued  on  15-4-
1991, 16-4-1991 and 27-5-1991, the base document will be sale deed dated  8-
2-1991 vide which land was sold at the rate of Rs. 30 per square foot.  One-
third of Rs. 30 is equal to Rs. 10 per square foot.  After deducting Rs.  10
from Rs. 30, market value will be Rs. 20 per square foot."
5.     Since  the  appellant's  land  has  been  treated  similar   to   the
Notifications dated 27.05.1991 and 15.04.1991,  where  the  land  value  has
been fixed at the rate of Rs. 8 per sq. foot, we allow this appeal,  holding
that the appellant shall also be entitled to the same treatment as  per  the
order extracted above of this Court in Valliyammal's case (supra)  i.e.  the
land value being fixed at the rate of Rs. 20 per sq. ft.

6.    The appellant shall also be entitled to the statutory  benefits.   The
benefits, as above, shall  be  computed  by  the  responents  and  deposited
before the Executing Court within a period of two months from  the  date  of
production of this Judgment by the appellant before the District  Collector.

      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                   [ ROHINTON FALI NARIMAN ]

      New Delhi;
      February 17, 2016.