KAMALAMBAL Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The claimant in L.A.O.P. No. 25 of 1986, on the file of the Subordinate Judge, Sivagangai has come forward with the present appeal under Section 54 of the Land Acquisition Act, seeking enhancement of compensation for the land acquired from her for a public purpose by the Government contending that the amount awarded by the court below as compensation is inadequate.

(2.) 1.65 acres(0.66.0 hectares) of land comprised in S. No. 141/3 in Kanchirangal village, Sivagangai District was acquired by the Government for the construction of a Master Plan Complex in Sivagangai. After award enquiry, the Land Acquisition Officer awarded compensation under his Award No. 2/85-86, dated 12.12.1986 taking the market value of the acquired land as on the date of 4(1) notification to be Rs. 11,720/- per hectare. Not satisfied with the quantum of compensation awarded by the Land Acquisition Officer, the Appellant/claimant received the amount awarded by the Land Acquisition Officer as compensation 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. Accordingly, a reference was made under Section 18 of the Land Acquisition Act to the Court of Subordinate Judge, Sivagangai and the same was taken on file as L.A.O.P. No. 25 of 1986.

(3.) After getting the statement of the claimant and objections of the Referring Officer, the learned Subordinate Judge, Sivagangai conducted a trial in which one witness was examined on the side of the claimant and four documents were marked as Ex.C1 to C4 on the side of the claimant. one witness was examined on the side of the Referring Officer. A xerox copy of the data sale selected by the Land Acuqisition Officer and the Combined Field Map showing the topography of the acquired land were marked as Ex.R1 and R2. The learned Subordinate Judge, at the conclusion of trial, passed an award on 13.02.1989 fixing the market value at the rate of Rs. 450/- per cent and Rs. 15,000/- as the value of the well found in the acquired land.