LAND ACQUISITION OFFICER Vs. G. CHAKRAVARTHY

JUDGEMENT

(1.) THE Land Acquisition Officer (Special Tahsildar, Adi Dravidar Welfare), Villupuram, the respondent in L.A. 12/2001 on the file of the First Additional Subordinate Judge, Villupuram is the appellant herein.

(2.) THE property of the first respondent G. Chakravarthy (since deceased) was acquired for Harijan Welfare Scheme, to provide house sites to the members of the Adi Dravidar Community. An extent of 4.84 acres of land comprised in S. No.150/7A, 150/7B, 150/8 and 150/10, a total extent of 1.96.0 hectares was acquired for the above said public purpose under the provisions of Tamil Nadu Acquisition of Land for Harijan Welfare Scheme [Act 31/78]. After conducting enquiry under section 4(2) of the Act the land came to be acquired by issuing notification under section 4(1) of the Act in the proceedings of the District Collector bearing No. M/10/26177/00 dated 05.10.2000 and the same was also published in the Villupuram District Gazette dated 13.10.2000. The Land Acquisition Officer fixed the market value of the acquired land at the rate of Rs.60,416/- per acre [Rs.1,49,228/- per hectare] based on a sale deed dated 24.03.1999 registered as Document No.400/99 on the file of the Sub Registrar, Vikravandy in respect of S. No. 49/1-B of Pappampatti village, within the boundaries of which village the acquired properties situate. The Land Acquisition Officer fixed the total market value of the land at Rs.2,92,487/- and the value of the trees at Rs.2904/-, allowed solatium at 15% of the market value and awarded a total sum of Rs.3,39,264/- as compensation vide Award No.3/2000-2001 dated 23.3.2001 for the land compulsorily acquired from the first respondent herein.

(3.) THE said decree dated 30.11.2004 passed by the learned First Additional Subordinate Judge, Villupuram in L.A.C.M.A. No. 12 of 2001 is challenged in the present second appeal by the Land Acquisition Officer under Section 13 of the Tamil Nadu Acquisition of land for Adi Dravidar Welfare Schemes Act 31/78 r/w Section 100 of CPC. Since the original claimant G. Chakravarthy died after the filing of the Second Appeal with a delay, his legal representatives have been brought on record as respondents 2 to 4.