SPECIAL TAHSILDAR Vs. RAMADOSS

JUDGEMENT

(1.) Being aggrieved by enhancement of compensation from Rs.12.50 to Rs.3000/- per cent for the lands acquired for formation of New Satellite Town known as Maraimalai Nagar, Land Acquisition Officer (LAO) has filed this Appeal.

(2.) Brief facts are that an extent of 239.62 acres including S.F.No.58 measuring an extent of 5.80 acres of 78, Chithamanur village was acquired for formation of a New Satellite town known as Maraimalai Nagar. Draft notification under S.4(1) of Land Acquisition Act was approved in the Government Gazette on 22.8.1974 and published in the Gazette on 16.10.1974. Enquiry under Sec.5(A) of the Act was conducted on 26.07.1977. Declarations under Secs.6 and 7 of the Act were approved in G.O.Ms.No.1665 Rural Development and Local Administration Department dated 12.10.1977. LAO has taken 21 sales during the period of three years prior to the date of publication of notification under Sec.4(1) notification. Upon analysis of the sale deeds, LAO has taken S.F.No.43/1A as data land. Under sale deed dated 12.04.1972, an extent of 0.40 cents in S.F.No.43/1A was sold for Rs.500/- and per cent is calculated at Rs.12.50 and LAO has fixed the market value of the acquired lands and awarded compensation of Rs.22,074/- with 12% additional market value and 30% solatium totalling into Rs.44,839/- and passed the Award No.6/1988 on 29.07.1988.

(3.) On objection raised by the land owner, reference under Sec.18 of the Act was made. Before the Reference Court, Claimant-Ramadoss was examined as CW1. One Ponnusamy, Civil Engineer was examined as CW2. Exs.C1 to C3 were marked on the side of the Claimant. On the side of Referring Officer, one Balaraman, who was then working as Special Tahsildar (LA) was examined as RW1. Copy of Award No.6/1988 and FMB Plan were marked as Exs.R1 and R2 respectively.