PERIASWAMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE appeal is against the judgment and decree of the learned Additional Subordinate Judge of Salem in O.S.No.556 of 1976. THE unsuccessful plaintiffs are appellants.

(2.) THE suit was originally instituted by the 1st plaintiff and his three sons who are plaintiffs 2 to 4. Pending suit, the 1st plaintiff thed whereupon his daughter and widow have been subsequently impleaded as plaintiffs 5 and 6. THE brief facts of the case which is a suit for compensation for land acquisition are these: THE property more particularly described in the plaint bearing pymash Number 111/3, Komarapalayam Agraharam village in Trichengode Taluk with an extent measuring 3.09 acres belonged to the 1st plaintiff by purchase under three registered deeds of sale dated 29.4.1950, 30.7.1950 and 11.10.1950 in favour of the 1st plaintiff. Ever since, the 1st plaintiff had been in possession and enjoyment of the same. Patta book has been issued in favour of the 1st plaintiff by the Government and kist was being paid by the 1st plaintiff. THE 1st plaintiff was also taking water for suit land from the Cauvery river by virtue of the permission given by the Collector. In or about 1972, the Government acquired certain properties in this village for the purpose of forming a by-pass road. Before issuing the Notification for acquisition, the Government took possession of the lands with the consent of the land-owner. An extent of 1.50 acres in the said pymash No. 111/3 out of the total extent of 3.09 acres was taken possession of by the Highways Department with permission of the 1st Plaintiff. THE landowners were assured that notifications will be duly issued under the Land Acquisition Act and compensation paid. THE promised Notification was published on 24.10.1973. But the said Notification did not contain this land of 1.50 acres in pymash No.111/3 belonging to the plaintiffs. THE plaintiffs understood that this extent of 1.50 acres in pymash No.111/3 has been left out of acquisition on the ground that this property came under the category of M.C. field. THE plaintiffs, in law and equity, are entitled to be paid the value of 1.50 acres of their land taken possession of by the Government. In the acquisition proceedings in respect of other lands in the village for the formation of the by-pass road, the Government has awared compensation at the rate of Rs. 11,400 per acre. THE suit property is also a Nanja land irrigated by Cauvery water and the plaintiffs are entitled to be paid compensation at the same rate of Rs. 11,400 per acre, though in fact the suit property will be worth more than Rs.20,000 per acre. For the extent of 1.50 acres, the plaintiffs are entitled to compensation of Rs. 17,000. THE plaintiffs are also entitled to claim interest on the said amount at 12% p.a. from the date of taking possession. However they restrict their claim for interest at 6% p.a. from the date of publication of the Sec.4(1) Notification on 24 10 1973 In view of the attitude of the Government" in denying the plaintiffs the compensation they have been constrained to file the suit for recovery of compensation of Rs.20,206. 50 P. for the land taken over by the Government, after issuing the staturoy notice under Sec80 of the Civil Procedure Code. THE Plaintiffs have claimed Rs. 17000 with interest thereon at 6% p.a. from 24.10.1973 to the date of plaint, in all Rs.20,206.50 P.

(3.) TO what reliefs, are the plaintiffs entitled"