SPECIAL TAHSILDAR Vs. RAMANATHAN

JUDGEMENT

(1.) These two appeals have been filed under Section 54 of the Land Acquisition Act, 1894 against the award of the learned Additional Subordinate Judge, Chengalpattu made in L.A.O.P.Nos.106 and 110 of 1992. The Referring Officer is the appellant herein in both the appeals and the claimants in the respective L.A.O.Ps are the respondents in the appeals.

(2.) Along with other lands adjoining the survey number concerned in these appeals, an extent of 0.15.5 Hectares of land comprised in S.No.7/2 at Solathangal village, Maduranthagam Taluk, Chengalpattu District belonging to the respondent in A.S.No.327 of 2002/claimant in L.A.O.P.No.106 of 1992 and another extent of 0.13.5 Hectares of dry land comprised in S.No.7/3A belonging to the respondent in A.S.No.328 of 2002/claimant in L.A.O.P.No.110 of 1992 were acquired by the Government under the Central Act viz., Land Acquisition Act, 1894 for the purpose of providing house sites to the members of Adi Dravidar Community. After taking a decision to proceed with the acquisition according to law, the Land Acquisition Officer viz., the appellant herein conducted award enquiry and fixed the market value of the lands under acquisition concerned, in these appeals taking the sale deed dated 29.7.1989 where under a dry land comprised in S.No.3/18A was sold at the rate of Rs.196/- per cent as the data sale reflecting the market value of the both the land. The Land Acquisition Officer passed the award on 13.11.1991 in Award No.3/91-92. The Land Acquisition Officer also calculated Solatium at the rate of 30% of the market value under Section 23(2) and additional market value at the rate of 12% p.a from the date of 4(1) notification till the date of award. Thus the Land Acquisition Officer arrived at the total amount of compensation as follows; <FRM>JUDGEMENT_1221_TLMAD0_2010Html1.htm</FRM> Thus, the Land Acquisition Officer awarded a sum of Rs.11097/- as compensation to the respondent in A.S.No.327 of 2002/claimant in L.A.O.P.No.106 of 1992 and a sum of Rs.9637/- to the respondents in A.S.No.328 of 2002/claimants 1 to 3 in L.A.O.P.No.110 of 1992. As they were of the view that the amounts awarded as compensation were insufficient, they received the amount under protest and and made a request to the Land Acquisition Officer for making a reference under Section 18 of the Land Acquisition Act to the Court for fixing a reasonable amount as compensation. Thus, a reference in each case was made by the appellant herein/Referring Officer under Section 18 of the Land Acquisition Act, 1984 to the Court of the Additional Sub Judge Chengalpattu. The reference made in respect of S.No.7/2 was taken on file as L.A.O.P.No.106 of 1992 and the reference made in respect of S.No.7/3A was taken on file as L.A.O.P.No.110 of 1992.

(3.) After giving an opportunity to the parties to put in their pleadings, the learned Additional Subordinate Judge, Chengalpattu conducted a joint trial in both the L.A.O.P.s viz., L.A.O.P.No.106 and 110 of 1992 in which only one witness was examined as CW1 and two documents were marked as Exs.C1 and C2 on the side of the claimants in both the L.A.O.Ps and no witness was examined, but only one document was marked as Ex.R1 on the side of the Referring Officer.