GOVT. OF TAMIL NADU Vs. SELVAM

JUDGEMENT

(1.) This second appeal is directed as against the judgment and decree dated 12.08.2004, in CMA.No.3 of 2001 on the file of Subordinate Judge, Dharapuram modifying the award made in Award No.5/2000-2001 dated 31.01.2001 passed by the Special Tahsildar, (Adi dravidar Welfare), Kangeyam.

(2.) For the sake of convenience, the parties are referred to as per their rankings in the award proceedings.

(3.) The case of the claimant is that the notice under Section 4(1) of Tamil Nadu Act 31/78 was issued stating that an extent of 2.48.0 hectares comprised in R.S.No.194/A1 and 0.93.5 hectares in R.S.No.194/B2 totaling 3.41.5 hectares will be acquired for provision of house sites to Adi-Draviders of Uppupalayam and surrounding villages in Vellakoil in Kangayam Taluk by the third respondent on 06.08.1999. In this regard, the claimant was called for enquiry on 22.01.2001. Though the claimant did not appear for enquiry, the third respondent determined the value of Rs.7,431/- per acre based on the document registered in No.260 of 1997 dated 10.02.1997 in the Office of the Sub Registrar, Vellakoil. The claimant received the said amount with protest and filed appeal as against the award passed by the third respondent. The claimant challenged the award on the ground that the award is not sustainable, since without considering the registration of sale within one year prior to 4 (1) notification. The non consideration of sale at the rate of Rs.2,85,000/- per acre registered near by acquired land is not tenable. Therefore, prayed for enhancement of award at Rs.2,85,000/- per acre along with 30% of solatium and interest at the rate of 15%.