Madurai
The Madurai Bench of the Madras High Court has remanded a land acquisition case, involving the AMRL Hi-Tech Special Economic Zone, Tirunelveli district, back to a lower court for a fresh hearing after taking cognisance of the fact that the purchaser was not given an opportunity while determining the compensation for the lands acquired.
The court was hearing the appeal preferred by the State against the order passed by the Additional District Judge, Tirunelveli. The State government said that a government order was issued for the establishment of a Hi-Tech Industrial park by Tamil Nadu Industrial Development Corporation (TIDCO) and AMRL at Nanguneri in Tirunelveli district in 1997.
Pursuant to the order, a notification was issued for acquiring lands for the project and subsequently lands were acquired from the owners. The Land Acquisition Officer fixed the compensation at ₹179 per cent of land.
However, unhappy with the compensation offered, the owners moved the lower court for adequate compensation.
The Additional District Judge, Tirunelveli, enhanced the amount to ₹1,861 per cent of land along with a solatium of 30% in 2003. The government in its appeal said both TIDCO and AMRL were not provided with an opportunity before the lower court and sought the case be remanded back for fresh consideration.
A Division Bench of Justices K. Kalyanasundaram and R. Tharani observed that TIDCO had acquired the land for setting up the Hi-Tech Industrial Park and AMRL was the purchaser of the land. Both of them were not put on notice and heard before determination of compensation by the lower court, the Bench said and remanded the case back to the lower court for a fresh disposal.
