WELFARE SCHEME THIRUVALLUR Vs. M. GOPINATHAN

JUDGEMENT

(1.) BEING aggrieved by enhancement of compensation, enhancing compensation of Rs.1,000/ - per cent to Rs.45,000/ - per cent in respect of lands acquired, Government has filed this appeal. Being dissatisfied with the quantum of enhancement, respondent/claimant has filed Cross Objection seeking further enhancement.

(2.) THE lands in S.No.26 -0.20 acre, S.No.27/2 -0.52 acre, S.No.28 -0.26 totalling 0.98 acres of wet lands in Periyakuppam Village, Thiruvallur Taluk were acquired for extension of school building, Adi Dravidar Welfare Elementary School. After serving 4(2) notice on 10.5.1999 and issuing 4 (1) notification dated 1.10.1999, and after complying with all formalities of Tamil Nadu Acquisition of land for Adi Dravidar Welfare Schemes Act 31 of 1978, the said lands were acquired. Award was passed on 21.3.2000. The Land Acquisition Officer has taken the sale deed of Document No.4405 dated 20.8.1999, in which 0.14 acre of wet land in S.No.44/1B2 was sold for Rs.14,000/ - as data land and calculated the compensation for land acquired at Rs.1000/ - per cent and awarded compensation of Rs.1,12,700/ - as under: -

(3.) ACCORDING to Appellant the acquired land and data land are similar in all aspects with taram and assessment. Though the acquisition was made under Tamil Nadu Acquisition of land for Harijan Welfare Schemes Act 31 of 1978, like in the Central Act Land Acquisition Officer made a reference under Section 18 of the Land Acquisition Act, which was taken on file in L.A.O.P.100 of 2000. Taking Ex.C1 sale deed dated 9.12.1999, and Ex.C2 sale deed dated 30.8.1999 the Court fixed the market value of one cent at Rs.216/ - per sq.ft which is equivalent to Rs.94,176/ - cent. Deducting 40% for development charges, Court has enhanced the compensation to Rs.45,000/ - per cent and also ordered 15% solatium on compensation and an additional amount of 6% per annum.