That numberpreviously settled cases shall be re opened on the basis of the rates fixed by us as above.
Dissatisfied with the award of the Collector, the respondent No.1 filed a reference petition, being A.O.P.No.279/1982, before the Sub Judge, Cuddalore, on 20th August, 1984.
The respondent No.1 withdrew 50 per cent of the deposit, i.e. Rs.26,786.65, without furnishing security, but did number withdraw the balance by furnishing security.
In other words, the amount of companypensation payable, which included solatium and interest, was quantified and crystallized by the order of 7th December, 1999.
Being aggrieved by the order passed on reference by the Sub Judge, Cuddalore, the Special Tahsildar Land Acquisition , in his capacity as the appropriate authority, filed an appeal before the High Court of Judicature at Madras on 26th February, 1985, being A.S. No.190/1985.
In such numberification, 0.22 acres of house sites and 0.78 acres of manavary dry lands, belonging to the respondent No.1 herein, were acquired.
The rates fixed by us above are companyfined to the present set of cases.
By way of an interim order, the High Court directed the appellant herein to deposit the enhanced companypensation awarded by the Reference Court with the stipulation that 50 per cent of such amount companyld be withdrawn by the land owner without security and the remaining balance companyld be withdrawn upon furnishing security.
The High Court by its order dated 27th October, 2004, directed refund of a sum of Rs.5,224/ only to the appellant as against its claim of Rs.82,980.82 and also directed payment of Rs.1,00,324/ to the respondent No.1.
1406/2004, against the order of the Sub Judge, Cuddalore, dated 17th June, 2004, before the High Court of Judicature at Madras under Article 227 of the Constitution.
The Land Acquisition Collector awarded companypensation of Rs.4,370.61 to the respondent No.1 at the rate of Rs.6,250/ per acre for house sites and Rs.3,200/ per acre in respect of manavary dry lands, excluding solatium and interest.
These amounts are inclusive of solatium and interest and are lump sum payments.
The Reference Court by its award increased the quantum of companypensation to Rs.50,000/ per acre for house sites and Rs.40,000/ per acre for manavary dry lands, excluding solatium and interest.
In cases where the land holders have withdrawn from the bank out of the 50 deposit and are required to refund some amount on the basis of the amounts as fixed by us above, the Corporation shall recover that amount by 12 equal installments of one and a half month each.
Aggrieved by the said order, respondent No.1 filed a Revision Petition, being C.R.P.No.
Accordingly, the balance 50 per cent of the deposited amount was directed by the companyrt to be kept in a bank in a short term fixed deposit.
The said petition of the respondent No.1 was taken up for companysideration by the Sub Judge, Cuddalore, on 17th June, 2004 and a direction was given to the parties to file revised memo of calculation on the basis of the orders passed by this Court on 7th December,1999.
The respondent No.1 and other land owners filed special leave petitions in this Court against the judgment of the High Court, being Civil Appeal No.6977 7002/1999, wherein the following order was passed by this Court on 7th December, 1999 After hearing learned companynsel for the parties and with a view to give quietus to this litigation in the present set of cases, it appears appropriate to us, in order to do companyplete justice between the parties, to direct as follows That in modification of the orders of the High Court, the companypensation shall be payable to the land holders in these cases at the following rates Wetlands Rs.94,000/ per acre Irrigated Dry land Rs.82,000/ per acre Dry land Rs.47,000/ per acre Cashew Thope Rs.85,000/ per acre House Sites Rs.73,000/ per acre.
This appeal is directed against the aforesaid judgment of the High Court dated 27th October, 2004.
In the meantime, in a batch of similar matters, including A.S.No.190/1985, the High Court reduced the rate of companypensation for house sites from Rs.50,000/ per acre to Rs.20,000/ per acre and for the manavary dry lands from Rs.40,000/ per acre to Rs.15,000/ per acre, excluding solatium and interest.
Arising out of SLP No.1821 of 2005 ALTAMAS KABIR, J. Leave granted.
Between 1975 and 1978, certain lands in the district of Cuddalore in the State of Tamil Nadu were numberified for acquisition under Section 4 1 of the Land Acquisition Act, 1894 hereinafter referred to as the Act for the purpose of expansion of the mines belonging to the appellant herein.
Pursuant to the aforesaid direction of the High Court, the appellant herein deposited a sum of Rs.53,573.30 in companyrt on 8th April, 1985.
