G PREMA Vs. SPECIAL TAHSILDAR TIRUPATTUR

JUDGEMENT

(1.) Leave granted.

(2.) The Reference Court by its judgment and award dated 11.9.1995 increased the compensation to Rs. 4,17,600/- per acre. It relied on a sale deed Ex. A1 dated 23.12.1988 relating to sale of a plot of land measuring 2520 sq. ft. in nearby Survey No. 65/3 for a sale consideration of Rs. 30,870/- which works out to Rs. 12.25 per sq.ft. or Rs. 533,610/- per acre. The Reference Court however took the market value under Ex. A1 as Rs. 12 sq.ft. or Rs. 5220/- per cent and after deducting 1/4th (Rs. 1044/-) thereof towards the cost of development, arrived at the market value of the acquired land at Rs. 4,176/- per cent or Rs. 4,17,600/- per acre.

(3.) Feeling aggrieved, the State filed appeals before the High Court. The High Court was of the view that it would be more appropriate to rely upon Ex. A2 dated 11.8.1986 which related to a sale of a land which was also the subject matter of the same acquisition. Under Ex.A2, one of the appellants (Prema) had sold land measuring 15 cents in Sy. No. 59/3 for Rs. 18,750/- which worked out to Rs. 1,250 per cent or Rs. 125,000/- per acre. As the sale was of the year 1986 and the preliminary notification was of the year 1989, the High Court provided an increase of 10% per year, that is Rs. 375/- for three years, and arrived at the market value as Rs. 1,625/- per cent or Rs. 162,500/- per acre. As a consequence, the High Court allowed the appeals in part and reduced the compensation from Rs. 4,17,600/- to Rs. 1,62,500/- per acre. The said judgment is under challenge in this case.