SPECIAL TAHSILDAR Vs. R SAROJA

JUDGEMENT

(1.) THE Referring Officer (land Acquisition Officer) under the Land Acquisition Act has come forward with the present appeal filed under Section 54 of the Land Acquisition Act, against the award passed by the Court below, to which a reference under Section 18 of the Land Acquisition Act was made, directing payment of enhanced compensation. THE said award of the Court below was passed on 30.04.2001 in L.A.O.P.No.132 of 1994 on the file of the III Additional Subordinate Judge, Madurai.

(2.) AN extent of 1.05 acres of dry land comprised in S.No.44/6 along with other lands belonging to other persons in Thoppur Village was acquired by the Government for the Tamil Nadu Housing Board for Madurai South Neighbourhood Scheme, Unit-I. The Land Acquisition Officer fixed the market value of the acquired land as on the date of notification under Section 4(1) of the Land Acquisition Act at Rs.4,500/- per acre, equivalent to Rs.45/- per cent and awarded a total sum of Rs.7,831.05, which includes other statutory benefits, namely 30% solatium and 12% additional market value. Not satisfied with the quantum of compensation awarded by the Land Acquisition Officer, the first respondent herein, namely the claimant, received the amount under protest and made a request for making a reference under Section 18 of the Land Acquisition Act to the Court for fixing a reasonable amount as compensation.

(3.) THE Court below has also calculated other statutory benefits like 30% solatium under Section 23(2) and additional market value at the rate of 12% p.a. from the date of 4(1) notification till the date of award or taking possession, which ever was earlier, as per Section 23(1-A) and also directed payment of interest for the enhanced amount of compensation in accordance with Section 28 of the Land Acquisition Act at the rate of 9% p.a. for a period of one year from the date of taking possession and thereafter, at the rate of 15% p.a. till the date of deposit of the enhanced amount of compensation.