SPECIAL TAHSILDAR Vs. K CHAKRAVARTHY

JUDGEMENT

(1.) This appeal has been filed under Section 54 of the Land Acquisition Act, 1894 against the award of the learned Subordinate Judge, Vellore dated 14.08.2001 made in LAOP No.2/1999.

(2.) A total extent of 2.30 acres equivalent to 0.51.0 hectare comprised in survey Nos.22/5 and 22/6 in Veppankuppam village, Vellore Taluk, Vellore District was acquired by the government for a public purpose, to wit for providing house sites to Adi Dravidas of Veppankuppam village. The notification under Section 4(1) of the Land Acquisition Act, 1894 was approved by the government in G.O.Ms.No.1123/Social Welfare Department Dated 20.04.1988 and was published in the Tamil Nadu government gazette on 25.05.1988. After necessary enquiry under section 5(A) and a declaration under Section 6 of the Land Acquisition Act, an award was passed by the Land Acquisition Officer, namely Special Tahsildar (Adi Dravidar Welfare), Vellore in award No.12/90-91 dated 17.12.1990 awarding a sum of Rs.27,773/- as total amount of compensation for the above said extent of land acquired for the above said purpose. The respondent herein is the owner of 0.51.0 hectare, equivalent to 1.20 acre out of 0.93.0 hectares of land comprised in survey No.22/5A acquired in the above said acquisition proceedings. They were awarded a total sum of Rs.15,215/- as compensation for the above said extent of 1.20 acres of land acquired from them. Since they felt that the compensation awarded by the Land Acquisition Officer was insufficient, they received the amount under protest with a request to the Land Acquisition Officer to make a reference under Section 18 of the Land Acquisition Act to the court for fixing a reasonable amount as compensation. Hence a reference was made to the sub-court, Vellore under Section 18 of the Land Acquisition Act and the same was taken on file as LAOP No.2/1999. After affording opportunity to the claimants and the Referring officer to put in their pleadings in writing, the learned Subordinate Judge conducted a trial, in which, one witness was examined as C.W.1 and two documents were marked as Exs.A1 and A2 on the side of the claimants and one witness was examined as R.W.1 and two documents were marked as Exs.B1 and B2 on the side of the Referring Officer/Special Tahsildar (Adi Dravidar Welfare). After considering the pleadings and the evidence adduced on either side, the learned Subordinate Judge fixed the market value of the acquired land at the rate of Rs.974/- per cent, allowed 30% solatium on the market value and an additional market value @ 12% per annum from the date of 4(1) notification till the date of award and also interest on the enhanced amount of compensation @ 9% per annum from the date on which possession was taken by the government for a period of one year and for the subsequent period @ 15% per annum.

(3.) Challenging the correctness of the said award, the Referring Officer/Land Acquisition Officer/Special Tahsildar (Adi Dravida Welfare) has come forward with the present appeal on various grounds set out in the memorandum of appeal.