ANANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Appeal Suit in A.S.No.566 of 2018 is filed by the Appellants/Landowners aggrieved by the Judgment and Decree of the Learned II Additional District Judge, Puducherry, in L.A.O.P.No.14 of 2010 dtd. 23/07/2014 and praying for further enhancement of value of their lands at the rate of Rs.778.00 per sq. ft.

(2.) The appellants are the owners of the lands comprised in R.S.No.25/2, admeasuring 2/39/0 Hectares (2,57,257.21 sq. ft) in Karuvadikuppam Revenue Village, Puducherry. By a notification under Sec. 4 (1) of the Land Acquisition Act, 1894, dtd. 09/06/2006, the said extent was acquired along with larger extent for expansion for Airport/facilities. Sec. 6 Declaration was published on 25/04/2007.

(3.) On 28/11/2006, the Land Acquisition officer inspected the acquired lands and made notes of valuation. The L.A.O took note of a total number of 874 sales effected during the relevant period that is for a period one year preceding the 4(1) notification (08/07/2005 to 07/07/2006). Of the sales data collected, he rejected 78 sales data on the ground that those were sales along with superstructures. Thereafter, he rejected 45 sales data on the ground that they relate to sale of less than 500 sq. ft. He further rejected 576 sales data on the ground that there are faraway and finally retained 175 sales data. Out of the retained, the highest was in Sl. No. 164 at the rate of Rs.167.00 per sq.ft. was rejected on the ground that the sale was transacted on 01/02/2006 anticipating acquisition. The next highest data in Sl.No.128 at Rs.66.00 was taken and by giving standard deduction of 33.3% deduction towards developmental charges, assessed a value at Rs.41.00. Since the guideline value was Rs.60.00 more than the assessed value, he took the same.