UNION OF INDIA Vs. S DURAISAMY REDDIAR

JUDGEMENT

(1.) HEARD Mr.D.Srinivasan, Government Pleader, (Puducherry), assisted by Mr.E.Vijay Anand, learned counsel appearing for the Union Territory of Puduchery and Mr.T.Susindran, Mr.R.Natarajan, Mr.K.M.Nalinishree, Mr.A.Murugan, Mr.V.Balasubramanian, Mr.S.Devanathan, Mr.T.P.Manoharan, Mr.Bharatha Chakravarthy and Mr.R.Karthikeyan, learned counsel appearing for the claimants.

(2.) THESE appeals are filed under section 54 of the Land Acquisition Act challenging the various judgments and decrees passed by the Reference Court (In the present case the Additional District Judge, Karaikal), wherein compensation of Rs.4,832/- per Are was fixed.

(3.) BEFORE the Reference Court, it was contended that the potential value of the land and the locational advantage were not taken into account. In particular, it was stated that in the very same area nearer to the acquired land, the authorities have acquired the lands for the purpose of handing over lands to the Oil and Natural Gas Commission (ONGC). The said lands were acquired for the purpose of establishment of Drilling Tool Yard Stores and production of Tool Yard Stores by the Oil and Natural Gas Commission and it was covered by Award No.4368/95/B11(2) dated 30.7.1999. In that award, the acquiring authority granted compensation at the rate of Rs.4,793/- per Are. The said Award was not challenged either by the acquiring authority or by the requisition body as well as by the land owners and it became final. The said Award was marked as an Exhibit before the Reference Court on behalf of the claimants. BEFORE the Reference Court, oral and documentary evidence was also let in. It is unnecessary to go into the details of such deposition and the various documents filed therein. It is suffice to state that the Reference Court found that by the Award dated 30.7.1999 regarding the acquisition of lands for establishment of Tool Yard Stores by ONGC, compensation was fixed in respect of the very same village and in relation to the neighbouring lands at the rate of Rs.4,793/- per Are and hence there was no reason why the present claimants should be deprived of such rate of compensation. For this finding, the appellant did not have any answer. The Reference Court having found that this Award was passed in July 1999, whereas the present award was passed on 31.3.2003, giving 10% increase towards appreciation of value, fixed the compensation at the rate of Rs.4,832/- per Are. It is this rate of compensation, which is under challenge before this Court.