SPECIAL TAHSILDAR Vs. CHELLAMUTHU

JUDGEMENT

(1.) The Appellant/Referring Officer has filed the present Appeal as against the Award dated 19.05.2003 in L.A.O.P.No.247 of 2002 passed by the Learned Additional District Sessions Judge, (Fast Track Court No.I), Salem.

(2.) The Appellant/Referring Officer has acquired the lands for the purpose of laying Railway track from Salem to Karur to an extent of 2.01.0 hectare of land in various Survey Numbers including the Survey Nos.19/3A1A and 19/3A4B measuring an extent of 01.06.750 hectare belonging to the Respondents/Claimants in Amanikondlampatti Village, Salem Taluk, by invoking the urgency provision of the Land Acquisition Act, 1894. The Third Respondent is representing the Requisitioning body viz., Railways.

(3.) The Notification as per Section 4(1) of the Act has been issued on 23.02.1999. Section 4(1) Notification has been published in Tamil Dailies in Malai Murasu dated 25.02.1999 and in Dinakaran dated 26.02.1999 and 08.03.1999 in the locality the said notification has been published. Section 6(1) Declaration has been published on 17.03.1999 at Page 6 to 8, Part II, No.224, dated 17.03.1999. After complying with the necessary formalities prescribed under Land Acquisition Act, an Award has been passed on 28.10.1999 by the Special Tahsildar/Land Acquisition Officer. In the Award, the acquired land has been classified into three categories by the Land Acquisition Officer i.e., (1)an extent of 1.36.0 hectares as dry agricultural land (2)an extent of 5480.5 sq. mt., as house sites (3)994.5 sq. mt., as natham.