SPECIAL TAHSILDAR LAND ACQUISITION SPECIAL MINOR IRRIGATION PROGRAMME VIRUDHUNAGAR Vs. V SANKARALINGA THEVAR

JUDGEMENT

(1.) AGGRIEVED by the common award passed by the learned Subordinate Judge, Ramanathapuram at Madurai dated 13.4.1989 made in L.A.O.P.Nos. 137 of 1988 and 142 of 1988, the Special Tahsildar (Land Acquisition), Special Minor Irrigation Programme, Virudhunagar has filed A.S.Nos.45 and 46 of 1990. With regard to the disallowed claim, the claimants have preferred Cross Objection Nos.37 and 38 of 1995.

(2.) SINCE the appeals and the cross-objections arise out of a common award passed by the learned Subordinate Judge, the above appeals and cross-objections are being disposed of by the following common judgment.

(3.) LAND in Survey Nos.413/1A and 413/2: The total extent of land covered in L.A.O.P. No.137 of 1988 (A.S.No.45 of 1990) is 2.14 acres and in L.A.O.P.No.142 of 1988 (A.S.No.46 of 1990) is 5.44 acres. Sec.4(1) notification under the LAND Acquisition Act was published in the gazette on 12.1.1983. One Ramarajapandiyan, son of the claimant in L.A.O.P.No.137 of 1988 and uncle of the claimant in L.A.O.P.No.142 of 1988 has been examined as C.W.I. He deposed that, the acquired lands are situate at Injaarnaduvapatti Village, Virudhunagar Taluk. He further deposed that the lands are surrounded by fire work, match factories and within a distance of 1 1/2 furlong, two High Schools are functioning in Krishnaberi Village and within a distance of 3 kilometre there is a college by name Iyya Nadar Janakiammal. He also deposed that there is a well in the acquired lands and agricultural operations are being done. He further stated that the acquired lands are nearer to lands acquired by the Housing Board for the construction of houses. He also produced and marked Ex.A.1 - Sale deed dated 20.3.1982, wherein it is stated that, Muniandi Thevar and others sold 2 1/2 cents for Rs.5,000.00 in favour of Krishnasamy Thevar and others. The said document has been pressed into service and prayed that compensation may be fixed in terms of Ex.A.1. Ex.A.1 is a certified copy of the sale deed dated 20.3.1982. Adangal extract for Faslis 1388, 1389 and 1390 in respect of Survey No.416 has been marked as Ex.A.2.