LAKSHMAN Vs. REVENUE DIVISIONAL OFFICER VRIDHACHALAM AND ANOTHE

JUDGEMENT

(1.) HEARD Mr.V.Raghavachari, learned counsel for the appellant and Mr.V.Ravi, learned Special Government Pleader (AS) for the first respondent.

(2.) THIS is an appeal filed by the claimant challenging the judgment and decree in L.A.O.P.No.250 of 2002 on the file of the Principal Sub-Court, Vridhachalam dated 28.01.2005. The land of the appellant was acquired for the purpose of formation of diversion road from Neyveli to Valaiyamadevi Road and the lands are situated in Uyyakondaravi in the Vridhachalam Taluk. The petitioner land was to the extent of 0.09.5 Hectares in RS.No.143/2B, 0.04.5 Hectares in RS.No.143/3A and 0.01.0 Hectares in RS.NO.143/5A. The petitioner's land was estimated to the value of Rs.3,65,528/-. Aggrieved by the compensation fixed, the petitioner raised an objection. Therefore, the matter was referred for determination of market value by the jurisdictional reference court.

(3.) THE Reference Court on the basis of these material observed that in cross examination, the appellant did not give correct answer with reference to the yield from the land and the value of the house and the value of the jack fruit tree. Similarly, the Reference Court also commented about the conduct of the appellant mentioning about the coal deposit of the said land and also the clay that can be excavated from the land. THE court below also commented that the claimant has not produced any evidence to show the details regarding the quantum of coal deposit and clay recovered from the said land. Apart from that, the Court below had also commented that the Electricity Bills produced in Ex.C.1 series by the claimant is not at all related to enhancement of compensation for the land to be acquired. On the other hand, the Reference Court was convinced and considered that the evidence produced with reference to the data land in Ex.R.3 is more comparable to the land that was acquired.