REVENUE DIVISIONAL OFFICER Vs. C RAMASAMY

JUDGEMENT

(1.) Heard the arguments of Mr.V.Ravi, learned Special Government Pleader (AS) for appellant, Mr.A.K.Kumarasamy, learned counsel for 1st respondent in AS Nos.164 to 167 of 2001 and for respondents 3 to 5 in AS No.168 of 2001 and Mr.T.Chandrasekaran, learned counsel for second respondent in all appeals.

(2.) In these five appeals, the appellant is the Revenue Divisional Officer, Erode District. All these appeals were filed under Section 54 of the Land Acquisition Act against the judgments and decrees of the learned Additional Subordinate Judge, Erode made in LAOP No.14 of 1996, dated 30.4.1999.

(3.) The lands belonged to private respondents/claimants situated in various sub divisions in Survey Nos.227 in Attavanaipidariyur village were sought to be acquired for the purpose of constructing a depot for the then Jeeva Transport Corporation. Section 4(1) notification was issued on 13.3.1991. After conducting Section 5-A enquiry and Section 6 declaration, an Award was passed in Award No.3/1993, dated 28.10.1993. The acquisition officer fixed Rs.1,99,000/- per acre as compensation. Since the claimants/land owners were aggrieved by the lower rate of compensation, they raised objections. Therefore, the matter was referred for determination of the market value by the Reference Court. The Additional Sub Court, Erode took all the references and registered as LAOP Nos.14 to 18 of 1996 and conducted a joint trial. The Reference Court fixed the compensation on the basis of square feet rate. It awarded Rs.23/- per sq.ft. and also for the loss of access Rs.1000/- and Rs.300/- for the trees. It also granted solatium, additional compensation and interest as per the statutory requirement. As against the common judgment and decree, the present appeals were filed.