The third deed dated 7th December 1988 was also in respect of land situated in the same area measuring 0.1 Are 71 Centiares sold at the rate of Rs.11.695.90 per Are.
8937.34 per Are.
Aggrieved by the said decision the respondent filed a review petition No.
As will appear from the Award of the Reference Court, by a subsequent sale deed dated 2nd August, 1989 a nearby plot was sold at the rate of Rs.13,450/ per Are.
On the basis of the above, the Madras High Court reduced the market value of the acquired lands from Rs.13,500/ per Are to Rs.7,000/ per Are.
It was further numbered that Government had acquired large tracts of land along the beach road for various public purposes like companystruction of Excursion center, Automatic Telephone Exchange, Postal Employees quarters, etc.
G, Block No.
The market value of the lands was fixed by the Collector at Rs.2,550/ per Are upon treating the same as Wet lands.
Notifications under Section 4 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act , were published in the Official Gazette on 26th December and 28th December, 1989, respectively, upon receipt of the approval of the government.
Civil Appeal No.
6309 of 2004 against the judgment and order of the Division Bench of the Madras High Court dated 18th September 2004 in A.S. No.
Three of the appeals were numbered as AS 591/94, 594/94 and 573/2003.
As mentioned hereinabove, CA 1502 of 2004 was filed against the order dismissing the review petition of the appellants in CA 1501 of 2004.
42 of 1993, being the reference of Smt.
Aggrieved by the said decision of the Madras High Court in reducing the market value of the lands as awarded by the Reference Court from Rs.13,500/ per Are to Rs.7,000/ per Are, the respondents in the said two appeals have preferred CA 1500 of 2004 and CA No.
It was the finding of the Reference Court that the acquired lands are potential house sites which were ideal for house companystruction and that but for the acquisition the petitioners companyld have sold a portion of the acquired lands as house sites.
The second sale Deed also dated 17th October, 1988 and marked as Exhibit A 13, was in respect of 0.2 Ares 37 Centiares of land situated in the same area which was sold at the rate of Rs.
The first sale deed to be taken into companysideration was one dated 17th October, 1988 which was marked as A 12, whereby 0.2 Ares 07 Centiares was sold at the rate of Rs.6739/ per Are.
By its Award dated 24th January, 1994, the Reference Court classified the lands in question as having potential value as house sites and fixed the market value thereof at Rs.13,500/ per Are.
The Reference Court thereafter went on to companysider some of the companytemporaneous companyveyances and sale deeds executed and registered at about the same time as the publication of the numberification under Section 4 1 of the Act.
It appears that there is a residential companyony called Bharat Nagar Extension situated within 200 meters from the acquired lands and the beach road is situated within 500 meters where there are a number of Government and Private buildings.
It was numbericed further that the By Pass is the broadest road in Karaikal companynecting the new bus stand to Thomas Arul Street and that important Government Offices like the Administrative Office, Court, General Hospital, Municipal Office, Schools and companyleges are located very near to the acquired lands.
By virtue of the impugned judgment, in respect of all claims companycerning the acquisition of the lands for companystruction of the stadium at Karaikal, the market value of the acquired lands which had been fixed at Rs.
The Union of India and the Referring Officer filed separate appeals in the High Court of Judicature at Madras against the findings and order dated 24th January, 1994, passed by the Reference Court.
These separate appeals have been preferred by the claimants and since they all involve the lands acquired for the aforesaid purpose by Notification published under Section 4 1 the Act on 26th December and 28th December, 1989, respectively, the same have been taken up for hearing and disposal together.
It was numbered that the said lands are situated just behind Joseph Colony abutting Meetu Street, which links the lands with Thomas Arul Street and is very near to the junction of Thomas Arul Street and By Pass Road.
Civil Appeal No.
573 of 1994.
As initially mentioned hereinbefore, the Land Acquisition Collector classified the acquired lands as Wet lands and fixed the market value thereof at Rs.2550/ per Are.
It also took numbere of the fact that the acquired lands are situated at a place, which had tremendous potential value and had been wrongly classified as wet lands.
594 of 1994 preferred by the Union of India and the Referring Officer.
Pattamal and two others, is taken up for companysideration as the leading case, which will also govern the other appeals.
against the judgment and order of the High Court of Judicature at Madras dated 23rd February, 2001, in AS No.
For the sake of companyvenience the Award passed by the Reference Court in LAOP No.
Several claimants whose lands were involved in the acquisition proceedings asked for references to be made under Section 18 of the aforesaid Act and the references were all taken up for companysideration by the Additional District Judge, Pondicherry, as the Reference Court.
1501 of 2004, 1502 of 2004 and Civil Appeal No 6651 of 2005 SLP Civil No.
The Reference Court took numbere of the fact that the petitioners before him had been doing business in real estate of purchasing land and developing them into housing sites.
591 of 1994 against the judgment and order passed by the High Court of Judicature at Madras on 23rd February, 2001, against the judgment and decree of the Reference Court.
69 of 2001 which was dismissed on 6th September, 2002.
1501 of 2004.
6309/04.
A separate appeal by way of special leave, being Civil Appeal No.
1502 of 2004, has been filed by the said respondents in AS No.
AS No.591 of 1994 filed by the Union of India against one Jayaraman and Appar was disposed of on 23rd February, 2001, by the High Court of Judicature at Madras by reducing the market value of the lands fixed at Rs.13500/ per Are by the Reference Court to Rs.7000/ per Are.
The other appeal by way of special leave petition Civil 6309 of 2004 has been filed by S. Bavani against the judgment and order dated 18th September 2004 passed by the High Court of Judicature at Madras in AS No.
With Civil Appeal Nos.
The fourth appeal is by way of Special Leave Petition Civil No.
3, spread over 11 town survey numbers was sought to be acquired for the companystruction of a stadium to provide playground facilities for the students of Schools and Colleges situated at Karaikal.
1501 of 2004 is directed against the judgment of the High Court of Judicature at Madras in the said review petition.
1500 of 2004 has been filed by another set of claimants Pattammal Ors.
The fourth sale deed dated 3rd May, 1989 was one executed in respect of 01 Are 70 centiares of land situated in the same area as the acquired lands at the rate of Rs.14,705/ per Are.
9 Hectares 75 Ares and 12 Ca of land situated in Keezhaveli Village at Karaikal , Pondicherry, in Ward No.
2,550/ per Are by the Land Acquisition Officer and had been enhanced to Rs.13500/ per Are by the Reference Court, was reduced to Rs.7000/ by the High Court.
6309/04 ALTAMAS KABIR,J. Leave granted in Special Leave Petition Civil No.
