SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE HARUR Vs. DEVARAJAN

JUDGEMENT

(1.) THE Appellant/Referring Officer has projected this appeal as against the Award dated 28.02.2002 in L.A.O.P.No.17 of 1994 passed by the learned Additional District Judge, Dharmapuri.

(2.) THE Government have acquired 0.48.0 hectare of land in S.No.126/2B and 0.01.5 hectares of land in S.No.126/2C including the well and thatched house (totalling in all 0.50.0 hectare) in Harur Town, Harur Taluk of Dharmapuri District belonging to the respondent/claimant for the purpose of providing burial ground to the Adi Dravidars of Harur Town. After complying with the necessary formalities, the Land Acquisition Officer published the notification under Section 4(1) of the Land Acquisition Act 1894 (herein referred to as Act) in the Government gazette on 15.09.1993. Section 6 declaration was made on 25.01.1994. THE Land Acquisition Officer by his Award dated 15.03.1994 in Award 693/94 for acquiring 1.23 acres of land (0.50.0 hectares) in S.No.126 of Harur Village had fixed the market value of the land at Rs.13,888/- per acre and on that basis awarded a sum of Rs.43,435/- as total compensation including the solatium and additional market value in respect of the acquired land.

(3.) THE Tribunal on an appreciation of oral and documentary evidence available on record had passed an award by fixing the compensation at Rs.10 per square feet and towards development charges, per square feet it had reduced 20% and accordingly determined the enhanced compensation per square feet at Rs.8/- in respect of the acquired lands and in respect of the well, it granted a sum of Rs.5,000/- in this regard towards Development charges, it deducted 40% and accordingly fixed a value of the well at Rs.30,000/-. Further for the period from 4(1) notification dated 11.10.1993 to 14.10.1993 for 155 days, it awarded a sum of 23, 178/- as 12% additional market value and as a solatium of 30%, it awarded a sum of Rs.1,36,452/-. Thus the Tribunal had awarded a total compensation of Rs.6,14,470/- and after deducting a sum of Rs.43,435/- which was already received by the respondent/claimant, it awarded an enhanced compensation of Rs.5,71,035/-. Moreover, from the date of taking possession 04.04.1994 till 03.04.1995, for a period of one year it awarded 9% interest and thereafter from 04.04.1995 till date of deposit, it had granted an interest of 15% p.a. etc.,