STATE OF TAMIL NADU Vs. SELVARAJ

JUDGEMENT

(1.) THE second appeals are arising out of a Common Judgment passed in civil miscellaneous appeal Nos 16 to 19 /2004. THE Civil miscellaneous appeals arose out of order of the Special Tahsildar,( Adi Dravidar Welfare), Harur dated 24.1.2000. THE Government had decided to acquire land to provide house site patta to the Adi Dravida People, living in Kottapatti village, Harur. THE patta lands in S.No.90.2,90.3, 92.1A,92.1B totalling 8.06 acres were decided to be acquired. THE Notification under Sec.3(1) and 4(1) of Tamil Nadu Adi Dravidar Welfare Act 1978 and Land Acquisition Act 31 of 1978 were issued and 4(1) Notification was published on 19.9.1999.

(2.) THE Special Tahsildar, Land Acquisition conducted award enquiry and to fix the land value, 25 sales particulars were collected. On verification of various sales and also comparing the lands, the acquiring officer relied on the sale dated 28.5.1999 for the sale of S.No.55/1A and S.No.54/2 and fixed the value of the land at Rs.84,650/-per hectare. On the basis of the valuation, the acquiring officer had awarded compensation to the various land owners of the above lands acquired on the basis of their ownership and holding.

(3.) MS.Bhavani Subbarayan, the learned Special Government pleader (C.S.) would draw our attention to the comparison of the sale deeds by the learned Sub Judge with acquired land. The learned Special Government pleader pointed out that the sale deeds relied on by the claimants which are marked as Exs.C.1 to C.3 relate to S.No.127/2 and 136/2B1 under which lesser extent of land ranging from 577 sq.ft to 1500 sq.ft are sold on the basis of Rs.32.90, 29.85 and Rs.30/-per sq.ft respectively. The learned Special Government Pleader pointed out that 4(1) Notification was issued on 19.9.99 and the data sale deed was dated 28.5.99, immediately prior to the Notification under which a total extent of 0.65.0 hectares of dry land was sold at Rs.84,615 per hectare. The learned Special Government Pleader pointed out that the soil classification (tharam), assessment of the data land and the acquired land are one and the same and therefore, the value fixed by the acquiring officer has to be confirmed.