SPECIAL TAHSILDAR Vs. ARUNACHALA GOUNDER

JUDGEMENT

(1.) FEELING aggrieved by the enhancement of compensation from Rs.250/- per cent to Rs.2,500/- per cent in respect of the lands acquired in Vellakinar and Thudiyalur villages, Coimbatore District for implementation of Thudiyalur - Vellakinar Neighbourhood Scheme, Special Tahsildar (Land Acquisition), Housing Scheme Unit-I, Coimbatore has filed this Appeal.

(2.) TOTAL extent of lands measuring 12.39.5 hectares in various survey numbers including an extent of 2.83.0 Hectares of the claimants in Survey Nos.13/2, 13/3, 14/1A, 14/1B and 15/1 Vellakinar were acquired for public purpose i.e., for implementation of Thudiyalur - Vellakinar Neighbourhood Scheme. Section 4(1) notification was published on 31.7.1995 which was published in the Government Gazette No.36 A of Supplement-II to Part-II, Sec.2 dated 13.9.1995 and published in the news papers Makkal Kural and Pirpagal on 15.9.1995 and 16.9.1995 respectively. The substance of the notification was also published in the locality on 6.10.1995. Enquiry under Section 5-A of the Land Acquisition Act was conducted by the Land Acquisition Officer(in short, "LAO") on 28.11.1995. The LAO has taken 55 sales in and around the lands acquired. Out of 55 sales, 38 sales were rejected on the ground that they are beyond 1.6 K.M away from the lands under acquisition, 7 sales were rejected on the ground that they have been made for industrial purposes and other sales were rejected on the ground that they are valuable lands or that they are abutting the main road. Document No.4341/93 dated 3.8.1993 in Survey No.517/2 of Vellakinar village under which an extent of 2.88 acres sold for Rs.72,000/- was taken up as the data land. The LAO took the view that the data sale deed covering the land reflects the market value of the lands under acquisition. Based on document No.4341/93 dated 3.8.1993 in Survey No.517/2, the LAO fixed the market value of the acquired lands at Rs.250/- per cent and ordered 30 percent solatium. The LAO also ordered 12 percent additional market value for the enhanced compensation from 6.10.1995 to 28.9.1998 (1089 days) and passed the award No.4 of 1998 dated 28.9.1998.

(3.) MR.D.Veerasekaran, learned counsel appearing for the Tamilnadu Housing Board (in short, TNHB) submitted that the LAO has taken the relevant sale deed, which is nearby the acquired lands and which is also prior to Section 4(1) notification and has rightly fixed the market value at Rs.250/- per cent. It was further submitted that the lands sold under Exs.C.1 to C.4 are far away and while so, the reference Court erred in taking the value of the lands based upon Exs.C.1 to C.4 and determining the market value based on the average value of Exs.C.1 to C.4. It was further submitted that the data land in Survey No.517/2 reflects the market value and while so the Court below has enhanced the market value to Rs.2,500/- without any basis. Placing reliance upon SPECIAL TAHSILDAR, NEIGHBOURHOOD SCHEME, ERODE, ERODE DISTRICT VS. JAGANATHAN GOUNDER AND ANOTHER, ((2009) 5 MLJ 2), it was contended that the Supreme Court consistently took the view of deducting development charges in the range of 33 1/3 50 percent and while so the reference Court erred in not giving any deduction for development charges. The main contention of the Appellant is that when large extent of lands are acquired, the Court has to necessarily make substantial deduction of not less than 33 1/3 percent for development charges.