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2016 DIGILAW 1851 (MAD)

M. S. Haja Rasool v. Special Tahsildar (Adi Dravidar Welfare) Nannilam

2016-06-08

A.SELVAM, P.KALAIYARASAN

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JUDGMENT : A. SELVAM, J. Challenge in this appeal suit is to the award dated 23.1.2004, passed in L.A.O.P.No.41 of 1996, by the Principal Sub Court/Land Acquisition Tribunal, Nagapattinam. 2. The first respondent herein, as land acquisition officer, has acquired the lands comprised in Survey No.35/6A, Enakudi Village, admeasuring 1 Acre 90 Cents and awarded a total compensation of Rs.2,56,336/-. Against the award passed by the Land Acquisition Officer, a reference has been made under Section 18(1) of the Land Acquisition Act, 1894 and the same has been taken on file in L.A.O.P.No.41 of 1996, on the file of the Land Acquisition Tribunal. 3. The Land Acquisition Tribunal, after considering the divergent evidence available on record, has fixed a compensation of Rs.2,000/-per Cent and in order to enhance the same, the present appeal suit has been filed by the 50th claimant, as appellant. 4. The learned senior counsel appearing for the appellant has contended with great vehemence to the effect that the acquired land is comprised in Survey No.35/6A and near the acquired land, so many facilities are available and since the land in question has been acquired for the purpose of converting the same into house plots so as to give landless harijans one Cent of land worth of Rs.10,000/-, but the Land Acquisition Tribunal, without considering the voluminous documents filed on the side of the claimants, has erroneously fixed a sum of Rs.2,000/-per Cent and therefore, the quantum fixed by the Land Acquisition Tribunal is liable to be modified. 5. The learned Additional Government Pleader appearing for the first respondent has also equally contended that after considering various Sale Deeds and also after considering juxtaposition of the property, which has been acquired, has rightly fixed Rs.2,56,336/-, but the Land Acquisition Tribunal, without any basis, has erroneously fixed Rs.2,000/-per Cent and therefore, the enhancement of compensation claimed on the side of the appellant cannot be granted. Under such circumstances, present appeal suit is liable to be dismissed. 6. It is an admitted fact that the lands comprised in Survey No.35/6A, Enakudi Village, admeasuring 1 Acre and 90 Cents have been acquired for the purpose of converting the same into house plots so as to give landless harijans. It is also equally contended that prior to acquisition, the Notification under Section 4(1) of the Land Acquisition Act, 1894 has been issued on 7.4.1993. 7. It is also equally contended that prior to acquisition, the Notification under Section 4(1) of the Land Acquisition Act, 1894 has been issued on 7.4.1993. 7. On the side of the claimants, as many as 41 documents have been filed. The Land Acquisition Tribunal has fixed the compensation of Rs.2,000/-per Cent only on the basis of value fixed in Ex.C.28, but in Ex.C.28, Survey No.47/3B is mentioned. It has already been pointed out that the acquired land is comprised in Survey No.35/6A. In Ex.C.14, Survey No.37/32 has been dealt with, wherein it has been specifically stated that one Cent of land is worth of Rs.9,000/-. Further, Ex.C.14 has come into existence on 17.5.1991. 8. It is an admitted fact that 4(1) Notification has been issued on 7.4.1993 and Ex.C.14 has come into existence on 17.5.1991. Since Ex.C.14 has come into existence prior to 4(1) Notification, the value fixed therein can be a basis for deciding the value of the property acquired. 9. As stated earlier, under Ex.C.14, one Cent of land has been sold for a sum of Rs.9,000/-. It is an admitted fact that in Ex.C.14, 5 Cents of land have been sold as house site for a total sum of Rs.45,000. Since in Ex.C.14, 5 Cents have been sold as house site for a sum of Rs.45,000/- and since the land acquired is nothing but a punja land, some development charges can be deducted from Rs.9,000/-. Further, this Court is of the view to deduct 20% towards development charges from Rs.9,000/- and in that way, after deducting 20%, it comes to Rs.7,200/- per Cent and the same is fixed for the land in question. In fine, this appeal suit is allowed. The quantum of compensation fixed by the Land Acquisition Tribunal is modified as follows: "The appellant/claimant and the respondent No.42 are jointly entitled to get compensation of Rs.7,200/- per Cent. In other aspects, the award passed by the Land Acquisition Tribunal is confirmed." No costs. Consequently, the connected Miscellaneous Petitions are closed.