SPECIAL TAHSILDAR Vs. CHENNIAPPAN

JUDGEMENT

(1.) BEING aggrieved by the enhancement of compensation from Rs.29,700/- per acre to Rs.2,50,000/- per acre for the lands acquired in Ingur village, Perundurai Taluk for the purpose of Small Industries Promotion Corporation of Tamil Nadu [SIPCOT] in Ingur village, the Government has preferred this appeal.

(2.) FACTS in nutshell which led to the filing of the present appeal are as follows:- On the request of the Chairman-cum-Managing Director, TACID, land acquisition proceedings were initiated for acquisition of 2.82.0 Hectares of lands = 6.96 = acres in R.S. Nos.140/1 to 4 [R.S. No.140/1 - 0.83.5 Hectare; R.S. No.140/2 - 0.65.0 Hectare; R.S. No.140/3 - 0.65.0 Hectare; R.S. No.140/4 - 0.68.5 Hectare] in Ingur village, Perundurai Taluk for SIPCOT. The Government considered the proposal of TACID and approved sanction for publication of Section 4(1) notification in G.O. No.369 Industries (MIH.2) Department dated 14.08.1992. Section 4(1) notification was published in the Tamil dailies on 30.8.1992. Section 4(1) notification was published in the locality on 02.09.1992. Section 5-A enquiry was held in the village on 12.01.1993 and 31.03.1993 respectively. Declaration under Section 6 of Land Acquisition Act was published in the Gazette on 13.10.1993.

(3.) TAKING Ex.C4-sale deed (29.08.1991) as comparable sale, Reference Court has fixed the value of the acquired land at Rs.4,36,363/- per acre. Deducting 40% for comparison with small plot and development charges, Reference Court has fixed the value of the land at Rs.2,60,000/-, rounded of to Rs.2,50,000/- per acre. Awarding 30% solatium and 12% additional market value for the period from 02.09.1992 to 13.10.1995, Reference Court has passed the order directing the Appellant to pay the enhanced compensation payable with interest at the rate of 9% per annum for the period of one year from 15.07.11992 to 14.07.1993 and thereafter at the rate of 15% per annum till the date of realisation.