LAWS(MAD)-2012-9-12

LAND ACQUISITION OFFICER Vs. RANGAMANNAR

Decided On September 05, 2012
LAND ACQUISITION OFFICER Appellant
V/S
RANGAMANNAR Respondents

JUDGEMENT

(1.) BEING aggrieved by the enhancement of compensation from Rs.150/- per cent to Rs.1,000/- per cent i.e.Rs.1,00,000/- per acre for the lands acquired in Vempoondi Village, Tindivanam Taluk, Villupuram District with a view to provide house sites to 175 Adi-Dradiva families, Government preferred this appeal.

(2.) BRIEF facts are as follows: Lands measuring to an extent of 3.28 Hectares in S.Nos.92/3 (1.10.0 Hectares), 92/4 (0.54.0 Hectares), 92/6 (0.81.0 Hectares), 92/7 (0.49/0 Hectares), 93/10-B (0.04.5 Hectares), 93/11-B (0.04.5 Hectares), 93/12-B(0.10.0 Hectares) and 94/8-B2 (0.15.0 Hectares) in Vempoondi Village, Tindivanam Taluk, Villupuram District, were acquired for providing house sites to 175 Adi-Dravida families of their colony. Section 4(1) Notification was published on 19.11.1998. In the said lands, S.No.92/3, 924, 93/10-B, 93/11-B, 93/12-B and 94/8-B2 belong to respondent herein, by name, Rangamannar. Section 7(3) enquiry was conducted on 10.12.1998 and the land owners appeared and gave their statements to the Special Tahsildar. Thereafter, the proposal had been published in the District Gazette dated 12.01.1999. 22 sale deeds were gathered and out of which, Sl.No.14, sale deed dated 27.11.1997 (Ex.R-4) relating to land measuring to an extent of 2.01 cents registered as Doc.No.1393 sold for a sum of Rs.30,000/- was taken as sale of comparable instance and the said land was taken as data land. The Special Tahsildar based on the said document, fixed the value per acre at Rs.14,925/- per Acre or Rs.36,965/- per Hectare. Award was passed by the LAO, awarding compensation of Rs.14,925/- per acre along with statutory payments of 15% solatium and interest till the date of realisation, fixed the total compensation as Rs.83,941/-.

(3.) AT the time of admission, this Court has framed the following substantial questions of law for consideration.