V. EGAPPA GOUNDAR AND ORS. Vs. THE SPECIAL TAHSILDAR (LAND ACQUISITION), ASHOK LEYLAND AND BLUE MOUNTAIN ESTATE AND ORS.

JUDGEMENT

(1.) An extent of 14 acres and 80 cents of land in Kathivakkam village, Saidapet talus, Chingleput district was acquired for providing residential accommodation for workers and for expansion of factory and godowns, etc, for Ashok Leyland Limited, Ennore in pursuance of notifications under Sec. 4(1) of the Land Acquisition Act, dated 26th October 1960, 16th November 1960 and 5th April 1961. The Land Acquisition Officer dealt with the lands acquired under 6 awards, exhibits B -2 to B -7. The awards under exhibits B -2 and B -7 dealt with the lands abutting the Kathivakkam road and the Land Acquisition Officer awarded compensation at the rate ranging from Rs. 30 to Rs. 50 per cent. The awards covered under exhibits B -3, B -4 and B -6 as also B -7 dealt with lands in the interior situate on the western side of the road -abutting lands covered by the awards in exhibits B -2 and B -7 and the Land Acquisition Officer fixed the value at Rs. 10 per cent for those lands. Award under exhibit B -5 dealt with the lands on the eastern side of the railway line running from Madras to Bezawada and the Land Acquisition Officer fixed the value of these lands at Rs. 30 per cent. The claimants in respect of lands abutting the Kathivakkam Road as well as those in the interior put forward claims for compensation at the rate ranging from Rs. 100 to Rs. 1,000 per cent and the claimants owning the lands on the east of the railway line have put forward a claim at the rate of Rs. 100 per cent before the Land Acquisition Officer. Not satisfied with the amounts awarded by the Land Acquisition Officer as compensation for the lands acquired, all the claimants sought references to the Court below under Sec. 18 of the Land Acquisition Act. The Court below fixed the market value of the lands covered by the awards B -2 and B -7 which are abutting Kathivakkam Road at Rs. 75 per cent and for the lands lying on the east of the railway line covered by the award B -5 at Rs. 50 per cent. The lower Court however, valued the lands covered by the awards under exhibits B -3, B -4 and B -6 which did not abut the Kathivakkam Road but lie in the interior under two categories adopting the belting system. It took the lands immediately on the west of the road abutting lands covered by exhibits B -2 and B -7 and awarded compensation for that category at Rs. 50 per cent while it valued the lands in the farther west and nearer to the Buckingham canal at Rs. 35 per cent. The state has filed all the above appeals, except Appeal Suit No. 493 of 1964; challenging the enhanced valuation fixed by the lower Court and the Respondents in Appeal Suit Nos. 550. 551, 554, 555, 556, 557, 559 and 560 to 566 of 1965 have filed memorandum of cross objections seeking a further enhancement of the compensation at rates ranging from Rs. 50 to 200 per cent.

(2.) Appeal Suit No. 493 of 1964 is an independent appeal filed by the claimant in C.R.O.P. No. 95 of 1962 on the file of the lower Court wherein he questions the decision of the lower Court restricting his compensation at Rs. 50 per cent though it has fixed the compensation for the lands acquired from him at the rate of Rs. 75 per cent on the ground that the claimant has restricted his claim to Rs. 50 per cent.

(3.) The Land Acquisition Officer fixed compensation of Rs. 50 per cent for the road abutting lands relying on the sales under exhibits B -8 and B -9, dated 17th February 1958 and 9th May 1959 respectively. He considered exhibits B -8 and B -9 which are sale deeds in respect of some of the lands acquired and which abut the main road. The price fetched under exhibits B -8 and B -9 was at the rate of Rs. 48 and Rs. 27 per cent respectively. The Land Acquisition Officer took the price fetched under exhibit B -8 as the basis for this valuation. The Court below, on the other hand, relied on exhibit A 4 as the basis for fixing the market value of the road abutting lands. It considered the land in survey No. 45/1 covered by exhibit A -4 as being situate in an advantageous position opposite to the Ashok Leyland Factory and the price fetched under exhibit A -4 cannot be granted to all the road abutting lands and on that basis reduced the market value of the lands to Rs. 75 per cent while it awarded compensation for surrey No. 45/1 alone at the rate of Rs. 100 per sent which is the rate at which the property was purchased by the claimant under exhibit A -4, dated 7th September 1960.