KANAKAVALLI Vs. SPECIAL TAHSILDAR L A

JUDGEMENT

(1.) In all these eight appeals filed under Section 54 of the Land Acquisition Act, the appellants are the claimants. Their lands were situated in Gengavaram Village and Melsozhankuppam Village coming under Polur Taluk in Tiruvannamalai District. Their lands were taken over for the purpose of constructing a check dam in Miruganadhi river.

(2.) The acquiring authority after following due procedure acquired the lands. He fixed the market rate of compensation at Rs. 250/- per Cent. Aggrieved by the lower rate of compensation, the land owners raised objection and demanded Rs. 5,000/- per Cent as compensation. The matters were referred for determination of market value by the jurisdictional Reference Court, which in the present case is the Sub Court, Arni. The various references were numbered as LAOP Nos. 1 to 5 of 2005 in respect of the lands situated in Mel Sozhankuppam Village. In respect of the lands situated in Gangavaram Village, they were numbered as LAOP Nos. 11 to 15 of 2005.

(3.) On a joint memo filed by both parties, common evidence was let in LAOP No. 2 of 2005. In LAOP Nos. 1 to 5 of 2005, before the Reference Court, on behalf of the claimants, M/s. Kaveri and Palani were examined as C.W.1 and C.W.2. C.W.1 is the claimant in LAOP No. 2 of 2005. On their side, two documents were filed and marked as Exs.C.1 and C.2. Ex.C.1 is the Sale Deed dated 11.10.2001. On the side of the acquiring authority, the then Tahsildar Seshadri was examined as R.W.1. On their side, 30 documents were filed and marked as Exs.R.1 to R.30. The Reference Court on an analysis of all the evidence both oral and documentary came to the conclusion that the rate of compensation awarded by the acquiring authority was inappropriate. It fixed the compensation at Rs. 370/- per Cent and also ordered proportionate payment of other statutory dues.