STATE OF TAMIL NADU Vs. R SOMASUNDARAM

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by the lower appellate court in CMA No.21 of 1999 dated 5.9.2003 in enhancing the compensation fixed by the Land Acquisition Officer in his award No.11 of 1998-99 dated 30.03.1999 fixing the market value of the acquired land at Rs.20,000/- per acre to Rs.2,40,000/- per acre.

(2.) The case of the parties before the lower court would be that the land acquisition officer appointed under Tamil Nadu Adi-Dravida Welfare Scheme Land Acquisition Act 31 of 1978 had acquired lands in Lakuminaickenpatti village, Kangeyam Taluk located in S.No.245/B1 of an extent of 0.03.5 hectare and in S.No.255/2 of an extent of 1.41.5 hectare, total extent of 1.79.0 hectare lands, for the purpose of providing house facilities to the Adi Dravida community people in that area. Accordingly, the Land Acquisition Officer had taken steps to acquire the aforesaid land and 4(1) notification was issued by the District Collector and it was published on 11.01.1999. In pursuance of the 4(1) notification, an enquiry was held under Section 5(1) of the Act and the enquiry was conducted after the notice was sent to the sole owner of the entire property. In the said enquiry, the land acquisition was accepted by the respondent and the Land Acquisition Officer also proceeded for fixing the market value by taking the data sales from the office of the vellakoil Sub-Registrar, one year prior to the date of 4(1) notification and had selected the land situated at S.No.262 to be equivalent with the acquired land for fixing the value and had fixed the market value at Rs.20,000/- per one acre. Aggrieved by the fixation of market value, the respondent/claimant had sought for a referral to the competent Court for fixing the correct compensation and thus, the papers were submitted before the lower appellate court for fixing the market value. The said referral was taken as appeal in CMA No.21 of 1999 and notice was issued to the respondent therein. After hearing the arguments on either side, the lower appellate Court had come to the conclusion of fixing the market value at Rs.2,40,000/- per one acre along with other accrued benefits payable to the claimant.

(3.) Aggrieved upon the fixation of market value at Rs.2,40,000/- per one acre, the respondents before the First Appellate Court have preferred the present appeal before this Court.