SPECIAL OFFICER STATE BOODHAN BOARD Vs. VELLAYAMMAL

JUDGEMENT

(1.) THIS appeal has been preferred against the award dated 25.10.2004 passed by the learned Subordinate Judge, Sivakasi in L.A.O.P.No.150 of 2004, a reference made under Section 30 of the Land Acquisition Act, 1894.

(2.) AN extent of 0.65.5 Hectares of land comprised in S.No.1020/2 in Subbayanaickenpatti Village was acquired by the Government using its eminent domain for a public purpose, namely to form an irrigation canal under the Rural Landless Employment Guarantee Programme (RLEGP). The land acquisition Officer fixed the compensation at Rs.10,920/-. The said land had been registered in the revenue records in the name of State Boodhan Board in patta No.995. The said land had been assigned to one Velu Karaiyalar S/o. Subbian Karayalar under a land distribution deed dated 14.08.1964, marked as Ex.C.1.

(3.) THE learned Subordinate Judge took the reference on his file as L.A.O.P. No.150 of 2004. THE appellant and the first respondent herein, the rival claimants, entered appearance and put in their claim statements. THE appellant and the first respondent herein claimed the entire amount of compensation to itself/herself to the exclusion of the other. Based on the said pleadings, the learned Subordinate Judge conducted trial, in which both the parties did not lead any oral evidence. By consent, the Land Distribution Deed executed in favour of the husband of the first respondent herein/husband of the second claimant dated 14.08.1964, was marked as Ex.C.1 and the same happened to be the sole document produced in the case. THE learned Subordinate Judge, after hearing the submissions made on either side and upon considering the pleadings and the above said document, came to the conclusion that the first respondent herein/second claimant was entitled to get the entire amount of compensation and the appellant herein was not entitled to claim any compensation.