REVENUE DIVISIONAL OFFICER Vs. N SASTHA AND ORS

JUDGEMENT

(1.) The appeal suit has been preferred by the Government against the award of the Tribunal enhancing the compensation from Rs. 1,250/- to Rs. 3,000/-. Not satisfied with the enhancement, the cross appeal has been preferred by the claimants 8 and 9.

(2.) The facts of the case are as follows: The lands comprised in T.S. Nos. A1-15/14 and A1-15/15 measuring about 01.19.70 Hectare situated in Vadaseri Village, Agasteeswaram Taluk, Kanyakumari District were acquired under Section 4(1) Notification dated 17.12.1980, for the purpose of expansion of Nagercoil 66/11 KVSS to 110/1 KVSS at Parvathipuram. The land acquisition officer relying upon Ex.B.1 sale deed dated 19.04.1980, determined the compensation of Rs. 1,200/- per cent, whereas the Tribunal on reference determined the compensation of Rs. 3,000/- relying upon Exs.A.4 dated 21.10.1981, A.5 dated 22.10.1981 and A.6 dated 20.11.1981. The said award is being challenged before this Court in the above appeal suit and in the cross appeal.

(3.) Mr. Rajarajan, learned Government Advocate submitted that the documents relied upon by the Tribunal are all post notification sale deeds and the same cannot be relied upon. Secondly, he submitted that no deduction was given towards development charges. Therefore, he seeks restoration of the award passed by Land Acquisition Officer and seeks setting aside of the award passed by the Tribunal.