AWARD OFFICER Vs. MUTHURAMAN

JUDGEMENT

(1.) This second appeal has been filed challenging the judgment and decree dated 09.04.2001 passed by the Sub Court, Panruti in land acquisition CMA.No.28 of 1996 whereby the Sub Court, Panruti enhanced the market value of the acquired lands to Rs.88,200/- and also awarded a solatium of Rs.13,220/- and directed the Appellant to pay the respondents/claimants the enhanced amount together with interest at 6% per annum on the balance amount payable by the Appellant i.e., on Rs.80,944/- at 6% per annum from 04.01.1996 being the date of section 4(1) notification under the land Acquisition Act.

(2.) This Court had admitted this second appeal on 28.06.2002 on the following substantial questions of law:

(3.) Dr.S.Suriya, learned Government Advocate for the Appellant would submit that the subject lands acquired by the Appellant from the respondents/claimants are all dry lands and is not a house-site. However, according to her, the learned Sub Judge, under the impugned judgment has erroneously assessed the market value of the property on the ground that the subject property is a house-site. She drew the attention of this Court to the land valuation list pertaining to the lands acquired from various parties which has been attached to the Award dated 13.03.1996 passed by the land acquisition officer and in particular, she drew the attention of this Court to Sl. No. 3 which pertains to the respondents/claimants land and would submit that since there is no house in the property, the subject property is not a house-site and therefore, enhancement of market value by the Sub Court, Panruti under the impugned judgment based on the erroneous assessment that the subject land is the house-site, has to be set aside by this Court.