The Land Acquisition Officer & Special Tahsildar (ADW) Omalur v. Palaniammal
2008-07-23
A.C.ARUMUGAPERUMAL ADITYAN
body2008
DigiLaw.ai
Judgment :- This appeal has been directed against the judgment in LAOP.No.20 of 1992 on the file of the Court of Subordinate Judge, Sankari. 2. About 2 acres 32 cents (0.94.0 Hec) punja land in S.No.46/1 of Kannampoochi Village, Mettur Taluk, Salem Distrcit was acquired by the Government for the purpose of constructing houses for the people belonging to Schedule Tribe. 3. After following the formalities the Land Acquisition Officer has published notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as the Act) in the Tamil Nadu Gazette on 11.01.1989 and also after serving three hearing notice to the land owner and interested persons for the acquired land on 3. 1989 and after conducting enquiries under Section 5(1) of the Act has passed a compensation of Rs.130/39 per cent on the basis of data land. Not satisfied with the compensation awarded by the Land Acquisition Officer, the claimant had filed his objection before the Land Acquisition Officer, who in turn referred the matter under Section 18 of the Act to the Land Acquisition Tribunal. 4. Before the Land Acquisition Tribunal on the side of the claimant C.W.1 to C.W.3 were examined and Ex.C.1 to Ex.C.5 were marked. On the side of the respondent, The special Tahsildar was examined as R.W.1 and Ex.R.1 to Ex.R.4 were marked. After meticulously going through both the oral and documentary evidences, the Land Acquisition Tribunal on the basis of Ex.C.1-sale deed dated 4. 1987 had enhanced and fixed the compensation for the land acquired from Rs.130/39 to Rs.400/- per cent, which necessitated the Government to prefer this appeal. 5. Heard the learned Special Government Pleader (AS). There is no representation for the respondent in spite of the respondents name being printed in the cause list. Ex.C.1 is in respect of 61. 0 hec (1 acres 98 cents) of land in R.S.No.43/5, which was sold for Rs.39,300/- ie., one cent at the rate of Rs.400/-. Ex.C.1 land is adjoining to the land acquired by the Government in S.No.46.
Ex.C.1 is in respect of 61. 0 hec (1 acres 98 cents) of land in R.S.No.43/5, which was sold for Rs.39,300/- ie., one cent at the rate of Rs.400/-. Ex.C.1 land is adjoining to the land acquired by the Government in S.No.46. The Land Acquisition Tribunal after considering the potentiality of the land and taking into consideration the land acquired and the land sold under Ex.C.1 are similar in all aspects has come to an unassailable conclusion that the compensation fixed by the Land Acquisition Officer is too low and meagre had enhanced the compensation from Rs.130/39 per cent to Rs.400/-per cent on the basis of Ex.C.1-sale deed. There is absolutely no document produced on the side of the appellant / Government to show the value fixed by the Land Acquisition Tribunal for the land acquired is on the higher side. The Land Acquisition Tribunal has also fixed the compensation for the standing trees in the land acquired. It is not the case of the appellant that the compensation fixed for the standing trees are exorbitant in nature. Under such circumstance, I do not find any material to interfere with the findings of the Land Acquisition Tribunal in arriving at the conclusion that the award of compensation fixed by the Land Acquisition Officer is to be enhanced to Rs.400/-per cent from Rs.130/39 per cent. 6. In fine, the appeal fails and the same is hereby dismissed confirming the judgment in LAOP.No.20 of 1992 on the file of the Court of Subordinate Judge, Sankari. No costs.