SPECIAL TAHSILDAR, ADI DRAVIDAR WELFARE, TIRUPATTUR Vs. PREMA

JUDGEMENT

(1.) BEING aggrieved by the enhancement of compensation from Rs.10,000.00 per acre to Rs.6,23,916.00 per acre for the lands acquired in Kalendira village, Vaniyambadi Taluk for issuance of house site pattas to Adi-Dravidas, the Government has preferred this appeal.

(2.) FACTS in nutshell which led to the present appeal are as follows:- Originally, 1st Claimant-Prema was the owner of 2.52 acres of land - (i) S.No.83/2A 0.41.0 Hectares [1.01 acres]; (ii) S.No.83/3A 0.61.0 Hectares [1.51 acres] and the land in S.No.83/3A was divided into house plots and the 1st Claimant sold 4800 sq. ft. to each of the Claimants 2, 3, 4 and 2400 sq. ft. to each of the Claimants 5, 6, 7. For acquisition of land in S.No.83/2A 0.41.0 Hectare and S.No.83/3A 0 0.61.0 Hectare, Section 4(1) notification was issued on 31.08.1989. Section 5-A enquiry was held on 16.02.1990. Declaration under Section 6 of the Act was published in the Gazette on 10.10.1990.

(3.) ON objection raised by the land owners, Reference under Section 18 of LAND ACQUISITION ACT, 1894 was made. Land owners claimed enhancement of compensation at the rate of Rs.30.00 per square feet. Before the Reference Court, 1st Claimant-Prema examined herself as CW1. 7th Claimant-Gopal was examined as CW2. Purchaser in Ex.C2-sale deed [Venu] was examined as CW3. Exs.C1 to C5 were marked on the side of the Claimants. On the side of Appellant, the then Special Tahsildar, Adi-Dravidar Welfare Department [Jeyabalan] was examined as RW1. Exs.R1 to R3 were marked on the side of Appellant.