SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE VIRUDHUNAGAR Vs. THANGAMARIAMMAL

JUDGEMENT

(1.) THE appeals relate to the common judgment dated 31.12.1995 passed in L.A.O.P. Nos. 21 to 23 of 1990.

(2.) THE facts of the case are as follows:- THE lands comprised in Survey Nos. 170/5C5B, 170/5C6, 170/5C2, 170/6 and 170/7C1, Vellore Village, Virudhunagar Taluk and District belonging to the respective respondents/claimants were acquired for the purpose of providing house sites to Adi Dravidars by virtue of Section 4(1) notification dated 12.8.1988. THE Land Acquisition Officer determined the market value of the acquired land at Rs. 20/- per cent. On reference to the civil Court, under Section 18 of the Act, at the instance of the respondents/claimants, the Tribunal enhanced the compensation to Rs. 1,200/- per cent relying on Exhibit C-1, sale deed dated 24.8.1987 which conveyed the property situate at Survey No.181/1, whereas the Land Acquisition Officer relied upon the sale deed dated 5.5.1987 marked as Exhibit R-1. THE aforesaid Award of the Tribunal dated 31.12.1995, determining the compensation at Rs. 1,200/- per cent, is challenged before this Court by the Government by way of appeal suits.

(3.) MR. A.Sivaji, learned counsel for the respondents/claimants submitted that the Tribunal rightly relied upon Exhibit C-1, sale deed dated 24.8.1987. Exhibit C-1, sale deed is in respect of housing sites and the purpose of land acquisition is for providing house sites and, therefore, by comparing all the documents, the Tribunal rightly relied upon Exhibit C-1, sale deed and determined the value. Even though Exhibit C-1 speaks about the value at Rs. 2,400/- per cent, the Tribunal only fixed Rs. 1,200/- per cent, viz., 50% of the sale value per cent. Therefore, the learned counsel submitted that no interference is called for in the Award of the Tribunal. He further submitted that as per the Constitution Bench judgment of the Hon'ble Supreme Court in Sunder v. Union of India (2001) 7 SCC 221: (2002) 2 LW 39, the claimants are entitled to interest on the solatium on par with interest on compensation.