SPECIAL TAHSILDAR Vs. VADIVEL

JUDGEMENT

(1.) Feeling aggrieved by the enhancement of compensation from Rs. 720/- per cent to Rs. 7,000/- per cent in respect of the lands acquired in Parvatharajapuram village, Poonamallee Taluk for implementation of Satellite Town by the Tamil Nadu Housing Board, the Special Tahsildar (Land Acquisition), Tamil Nadu Housing Board Scheme has filed these Appeals. Since, all the Appeals arise out of common Judgment, all the Appeals were taken up together and shall stand disposed of by this Common Judgment.

(2.) An extent of lands measuring 44.37.0 Hectares in Wet S. No. 5, 6, 93 etc., situated in No. 29, Parvatharajapuram village (Block IV), Poonamallee Taluk were acquired for public purpose i.e. for the implementation of Satellite Town by the Tamil Nadu Housing Board, Nandanam, Chennai-35. Section 4(1) Notification was published on 1.12.1999. Section 5-A enquiry was conducted on 14.3.2000, 16.3.2000 and 16.6.2000 respectively. 9 sale deeds were gathered from 1.8.1996 to 31.12.1999. From out of the sales statistics, the Land Acquisition Officer (LAO) has taken S. Nos. 113/1B1, 114/2 and 115/1 as data land opining that the said land is the same tharam and quality of the acquired lands. Under sale deed dated 28.1.1997 (Document No. 45) an extent of 1.86 acres (S. Nos. 113/1B1 -0.67 cents; 114/2 - 0.46 cents and 115/1 - 0.73 cents) of Parvatharajapuram village was sold for Rs. 1,34,000/-. Based on which, LAO has fixed the market value of the acquired lands at Rs. 720/- per cent with 30% solatium. LAO has also ordered 12% additional market value for 1075 days from 17.12.1999 to 25.11.2002 and passed the Award under four Awards viz., Award Nos. 5, 6, 7 and 8 of 2002 respectively.

(3.) On objection raised by the land owners, reference under Section 18 of the Act was made. Before the Reference Court, in respective Awards, the Claimants were examined as CW1. On the side of Claimants, Exhibits C-1 to C-3 were marked. One Gopinathan, Special Tahsildar (Land Acquisition) was examined as RW1 and one Azhagirisamy, Executive Officer-cum-Administrative Officer, Tamil Nadu Housing Board, K.K.Nagar Division was examined as RW2. On the side of Referring Officer, Exhibit R-1 -Award was marked.