SPECIAL TAHSILDAR LA HOUSING SCHEME Vs. RUKKUMANI

JUDGEMENT

(1.) BEING aggrieved by the enhanced of compensation to Rs.3000/- per cent from Rs.60,000/- per acre the Government has preferred this appeal.

(2.) ON requisition from Housing Board, Coimbatore for providing Housing in Thudiyalur, Coimbatore, an extent of 10.29.5 hectre in Survey No.523/1 and other Survey Numbers were acquired. Section 4 (1) Notification was published in G.O.Ms.No.862 dated 27.05.1991 and Section 5 (A) enquiry was conducted on 19.09.1991. Section 6 Notification was published in the Gazette No.327, Housing and Urban Development, dated 15.06.1992 and published in the local Gazette on 24.06.1992. The Land Acquisition Officer has passed the award on 23.06.1994 and he collected the sales statistics (Ex.R-2). The Land Acquisition Officer has taken datas land as Survey No.518/1, in which, two acres was sold in Document No.1458/91 (Data No.13.03.1991) for Rs.1,20,000/-.

(3.) WE have heard Mr.E.Sampathkumar, learned counsel appearing for the claimants. Drawing our attention to the evidence of CW-1 and RW-1, the learned counsel for the claimants submitted that the acquired lands are in the midst of developed area and the Court below has rightly taken into account that the acquired lands are surrounded by various industries and educational institutions and keeping in view the future potential of the land, the Court below has rightly taken into account the value in Exs.C-1 to C-4 and arrived at the average in fixing the market value. It was further submitted that in Ex.A-1 sale deed dated 26.09.1991, the market value of 5 cents has been stated as Rs.25,732/- i.e. per cent Rs.4288/- and while so the market value fixed by the Court at Rs.3000/- is very much on the lower side and the learned counsel for the claimants prayed for the dismissal of the appeal.