LAWS(MAD)-2001-4-146

TMT VILASINI JAYAPRAKASH Vs. SPECIAL TASHILDAR LAND ACQUISITION III TAMIL NADU HOUSING BOARD SCHEME MADRAS 35

Decided On April 30, 2001
Tmt Vilasini Jayaprakash Appellant
V/S
Special Tashildar Land Acquisition Iii Tamil Nadu Housing Board Scheme Madras 35 Respondents

JUDGEMENT

(1.) The claimant in L. A. O. P. No. 34 of 1986 on the file of VI Assistant Judge, City Civil Court, Madras is the appellant in the above appeal.

(2.) An extent of 2 grounds and 1097 sq.ft., of land in S.No.455/11 in Egmore Village were acquired by the Government of Tamil Nadu for the construction of M.I.G. and H.I.G. flats by the Tamil Nadu Housing Board. Notification under Section 4(1) of the Land Acquisition Act (in short the Act') has been published in the Government gazette dated 13.05.1981. The Land Acquisition Officer in his award proceedings has fixed the market value for the acquired land at the rate of Rs. 37,545.00 per ground. Aggrieved by the said amount, at the instance of the land owner, the matter has been referred to VI Assistant Judge, City Civil Court, Madras under Section 18 of the Act, which resulted in L.A.O.P.No.34 of 1986.

(3.) Before the Court below, the claimant herself got examined as P.W.1 and produced and marked Exs.P.1 to P.5 in support of her claim for higher compensation. The Referring Officer has been examined as R.W.1 and has not produced any documentary evidence in support of his stand. The learned Judge after considering the oral and documentary evidence, enhanced the compensation at the rate of Rs. 50,000.00 per ground, as against the claim of Rs. 1,50,000.00 per ground and also granted statutory amounts payable under the Act. Against the said order, the claimant has preferred the above appeal.