PRESENT TRUSTEE THIRUKANCHI SRI GANGAIVARAGA Vs. P SIVASAMY

JUDGEMENT

(1.) HEARD. The appellant is the trustee of Thirukanchi Sri Gangaivaraga Natheeswarar Temple, Thirukanchi, Kilinchikuppam Post, Villianur Via, Pondicherry. Thgis appeal is filed under Section 54 of the Land Acquisition Act read with Section 96 of C.P.C., challenging a judgment and decree made in LAOP No.1 of 2004, dated 31.3.2005 by the learned Principal District Judge, Pondicherry. The Union of India is represented by the Secretary to Government (Revenue), Government of Pondicherry.

(2.) THE Office of the Land Acquisition Officer-cum-Deputy Collector (Revenue) South, Pondicherry had acquired the land in S.No.89/4 at Thirukanchi Revenue village measuting an extent of 1.40.00 hectares by an Award No.4/2003, dated 15.5.2003. THE lands were acquired for the purpose of providing free house sites to landless labourers. A sum of Rs.15,84,638/- was awarded by the acquiring authority. During the Award enquiry, the claimants did not produce any original documents and encumbrance certificates relating to show their interest in the land. THE acquisition officer as he was unable to decide the rightful claimants regarding entrustment of compensation made a reference under Section 30 of the Land Acquisition Officer to the jurisdictional reference court to decide the rightful claimants to receive the compensation amount.

(3.) ON the other hand, respondents 1 to 7 had filed a statement before the reference court that they were in possession of the acquired land as tenants for over 35 years and were cultivating the same. They have anunimpeachable documentary evidence to substantiate their plea. Therefore, substantial portion of compensation upto 75% should be given to them from and out of the Award amount.