R.CHANDRAN Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) THE District Collector, Erode District, by notification dated 10.01.1997, made under section 4(1) of Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978, acquired an extent of 9.34 acres at Attavanaipudur Village in Survey Nos.79/1 to 5 and 79/7 to 12 from the claimants, i.e., the appellants for the purpose of formation of a housing colony for Landless Adi Dravidars.

(2.) THE lower appellate court by separate judgments passed in C.M.A.No.14, 22 and 21 of 1998 rightly dismissed all the appeals in entirety. Though separate judgments were rendered, the reasoning given for all three appeals is the same as given hereunder:-

(3.) THE learned counsel for the appellant contended that the sale transaction that took place just one week prior to the date of the notification, should not have been rejected as not reflecting the true value, as the market value can be determined by taking into account the sales taking place immediately before or immediately after the notification also. But the learned counsel for the respondent submitted that to compute the market value u/s 23(1) of the Land Acquisition Act, the date of notification u/s 4(1) alone is relevant.