DISTRICT REVENUE OFFICER, MADURAI Vs. VALAIVEESI

JUDGEMENT

(1.) This appeal by the District Revenue Officer, Madurai and Divisional Engineer [Highways], Project Division, Madurai, is directed against the fair and decreetal order dated 23.10.2017 in L.A.O.P. No. 5 of 2012 on the file of the VI Additional District Court, Madurai. The respondent is a Trust called Valaiveesi Theppakulam Trust represented by its three trustees who were the erstwhile landowners.

(2.) The facts which have led to the impugned order are brought out as hereunder:

(3.) Mr. Gunaseelan Muthiah, learned Additional Government Pleader appearing for the appellants submitted that the District Court erroneously enhanced the compensation from Rs. 409.46 per.sq.ft. to Rs. 1,400/- per sq.ft. without any material to prove the claim made by the respondent, erstwhile land owner. Further, it is submitted that the District Court failed to consider that the land acquired is not situated in Kennet Hospital road junction and it is situated opposite to Kennet Hospital and the respondent/claimant have not proved by producing any material that the acquired land is situated in Kennet Hospital road junction. Further, it is submitted that the compensation has been rightly fixed at Rs. 409.46 per sq.ft. with 12% interest from the date of notice till the date of award with 30% solatium and totally Rs. 56,93,096/- was paid as compensation. Further, it is submitted that the District Court failed to note that in a similar case in L.A.O.P. No. 5 of 2009, the Court had awarded only Rs. 850 per sq.ft. and the copy of the orders were marked as Exhibits B1 and B2 and without taking note of the same, the Court ought not to have fixed Rs. 1,400/- per sq.ft. On the above grounds, the learned counsel prayed for setting aside the judgment of the learned District Court and confirming the award passed by the Land Acquisition Officer.