SPECIAL TAHSILDAR Vs. Y YAJARAJ NADAR

JUDGEMENT

(1.) THE Referring Officer (land Acquisition Officer) and the beneficiary in the L.A.O.P.No.30/2002, 31/2002 and 33/2002 in respect of the acquisition of lands concerned are the appellants in these appeals.

(2.) A total extent of 11.37.5 hectares of land classified as dry land comprised in S.Nos.859/2A, 860/1B, 861, 862, 863, 864/2 and 876/2A was acquired for Nambiar Reservoir Scheme. Admittedly, the said property was enjoyed by four persons jointly as co-owners and each one of them had got an un-divided 1/4th share. The Land Acquisition Officer awarded compensation for the acquisition of the said land by passing his award 1/96-97 dated 25.08.1996 fixing the market value of the acquired land at the rate of Rs.18/- per cent. Since the land owners expressed dissatisfaction with the amount awarded as compensation and requested for making a reference under Section 18 of the Land Acquisition Act to the Court, references were made, based on which L.A.O.P.Nos.30/2002, 31/2002, 32/2002 and 33/2002 were taken on file. All the above said four L.A.O.Ps. were jointly heard by the learned Additional District Judge, Fast Track Court No.1, Tirunelveli and were disposed of by a common order dated 20.08.2003. By the said common order, the learned Fast Track Judge fixed the market value of the acquired land at the rate of Rs.400/- per cent, which is equivalent to Rs.40,000/- per acre. Accordingly, awards were passed in all the said L.A.O.Ps. allowing other statutory benefits like solatium at the rate of 30% as per Section 23(2) of the Land Acquisition Act, additional market value calculated on the market value at the rate of 12% from the date of 4(1) notification till date of award or the date of taking possession, which ever was earlier and allowing interest on the enhanced amount of compensation from the date of taking possession at 9% p.a. for a period of one year and thereafter, at the rate of 15% p.a. till payment. The claimants' costs of litigations were also directed to be paid by the Government.

(3.) POINT that commonly arises for consideration in all these appeals is:-