SPECIAL TAHSILDAR LA Vs. PARIMALA

JUDGEMENT

(1.) To provide house sites for the Adi-Dravidas, the lands including those that are the subject matters of the above appeals, which are located in Sanankuppam Village and within the limits of Ambur Municipality, were acquired by the State of Tamil Nadu. Notification under Section 4(1) of the Land Acquisition Act was duly published on 02.04.1993. The details with regard to the Survey Number and the extent in respect of the lands acquired under each of the above Appeals are as under :- A.S. No.135 of 2000 is filed against LAOP No.8 of 1997. The extent acquired is 1.02 acres in T.S. No.5/8 and 0.04 acres in T.S No.5/10A, totaling an extent of 1.06 acres. A.S. No.136 of 2000 is filed against LAOP No.10 of 1997. The extent acquired is 39 cents comprised in T.S. No.6/5. A.S. No.137 of 2000 is filed against LAOP No.9 of 1997. The extent acquired is 0.80 acres comprised in T.S. No.6/3 and 0.40 acres in T.S. No.6/4, totaling 1.20 acres. A.S. No.138 of 2000 is filed against LAOP No.11 of 1997. The extent acquired is 0.89 acres comprised in T.S. No.11/4.

(2.) The Land Acquisition Officer conducted the Award enquiry in which all the claimants participated. The Land Acquisition Officer, by award dated 25.5.1994, came to the conclusion that the market value of land can be fixed at Rs.1.60 per sq. ft.

(3.) Being dissatisfied with the fixation of market value by the Land Acquisition Officer, the respondents-land owners/claimants requested the matter to be referred to the civil court by exercising their option under Section 18 of the Land Acquisition Act. The References thus received by the Reference Court viz., Subordinate Court, Tirupathur, have been numbered as Land Acquisition Original Petitions, the details of which are already given. Before the Reference Court, the land owners as well as the State let in oral and documentary evidence. The Reference Court, after considering the materials available on record, came to the conclusion that the market value for the lands acquired has to be fixed at Rs.16/- per sq. ft. as against Rs.1.60 fixed by the Land Acquisition Officer. Questioning the correctness of such fixation by the Reference Court, the above appeals have been filed by the State, represented by the Special Tahsildar (Land Acquisition), Adi Dravidar Welfare.