K. PERIASANI versus SUB-TEHSILDAR (LAND ACQUISITION)

Citation: [1994] 3 S.C.R. 902 · Decided: 04-05-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA

Judgment (excerpt)

A 
K. PERIASANI 
-.( 
I= 
v. 
SUB-TEHSILDAR (LAND ACQUISITION) 
~ 
MAY 4, 1994 
B 
[K. RAMASWAMY AND N. VENKATACHALA, JJ.] 
Land Acquisition Act, 1894 : SS. 4, 6, 12, IS-Acquisition of land--
! 
Compensatio11-Detenninatio11 of-Held, appellant was entitled to parity of 
• 
market value for acquired land whe11 High Court enhanced the rate in respect 
c of other lands situated in same area and acquired under the same Notification. 
Certain lands of the appellant-landowner were acquired under the 
Land Acquisition Act, 1894, for a Housing Scheme. Market value of the 
land was determined at Rs. 92 per cent. On reference, the market value 
D 
was enhanced to Rs. 800 per cent as against the claim at the rate of Rs. 
1500 per cent. The High Court confirmed the award of the reference court 
and dismissed the appeal filed by the state and the cross-objection of the 
i. 
i-
land owner. 
.; 
In appeal to this Court, it was contended on behalf of the appellant-
f
E 
land owner thut the High Court erred in not noticing the fact that in 
respect of other lands situated in the same area and acquired under the 
-. 
same notification under which the land in question was acquired, it had 
enhanced the rate to Rs. 1000 per cent and Rs. 1050 per cent. It was 
claimed that there was material on record to show that the land in question 
was possessed of better advantageous features. 
F 
• 
Allowing the appeals, this Court 
' 
HELD : I. The High Court was not right in holding that there was 
no evidence as to parity of the advantageous position of the lands to award 
G 
the same compensation. The treatment of lands by the Land Acquisition 
Officer himself by awarding them a rate of Rs. 92 per cent in the instant 
appeals while he had awarded the rate of Rs. 70 per cent of lands in other 
appeals furnishes the intrinsic evidence that the lands in question are 
situated in a better advantageous position than the lands concerned in the 
other appeals. The appellant is entitled to parity ol' market value for the 
H acquired lands. [904-B-C] 
902 
\ 
PERIASANI v. SUB-TEHSILDAR 
903 
2. The appellant is entitled to 30 per cent solatium and 9 per cent A 
interest on the enhanced compensation for the first )'t'ar from the date of 
taking possession and thereafter J 5 per cent interest till date of payment 
or deposit, whichever is earlier. [904-C-D) 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 851 & 
852 of 1993. 
From the Judgment and Order dated 25.10.89 of the Madras High 
Court in A. Nos. 760 and 763 of 1987. 
V. Balachandran for the Appellants. 
A. Mariarputham and Mrs. Aruna Mathur for the Respondent. 
The following Order of the Court was delivered : 
B 
c 
By a Notification under Section 4(1) of the Land Acquisition Act, 
1894 published in the Tamil Nadu Gazette on March 7, 1973 a large extent D 
of lands including Survey No. 11/4 and 49/7 in Thathanai Village, near 
Madurai were proposed to be acquired for a Housing Scheme. The Land 
Acquisition Officer determined the market value of that land @ Rs. 92 per 
cent. On reference under section 18, the Civil Court1 by its award, en-
hanced the Market value of that land to Rs. 800 per cent as against the E 
claim of the appellant at the rate of Rs. 1500 per cent. The High Court, by 
its judgment and decree dated October 25, 1989 confirmed the award of 
the Civil Court and dismissed the appeal in Civil Appeal No. 763 of 1987 
of the State. It also dismissed the cross-objections of the appellant. Hence, 
this claimant's appeal by special leave. 
F 
It is not disputed that the market value of lands acquired pmsuant 
to the said Notification has been determined by different benches of the 
High Court such as appeals Nos. 538/87 and 1226/86 titled Special Tchsil-
dar, Land Acquisition v. Laksluni Anunal and another. The lands for which 
the land Acquisition Officer had awarded at the rate of Rs. 70 per cent 
and the Civil Court on reference, had enhanced such rate to Rs. 850 per G 
cent, the High Court on appeal had enhanced the rate in two cases to Rs. 
1000 per cent and in two other cases to Rs. 1050 per cent. Since the lands 
under consideration in the present appeals are situated in the same area 
and were acquired under the same acquisition and the Land Acquisition 
Officer himself had treated that lands to be in a better advantageous H 
904 
SUPREME COURT REPORTS 
[1994] 3 S.C.R. 
A 
position than the lands covered in the other appeals, it would be clear that 
the lands in these appeals are

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