SPECIAL TAHSILDAR LA Vs. RATHINAREDDI

JUDGEMENT

(1.) The State of Tamilnadu in their Order Ms.No.1428/PWD dated 2.7.1983 accorded sanction for the acquisition of lands required for raising full reservoir level of Poondi Reservoir under Krishna Water Supply Project. Following that, the Executive Engineer, Public Works Department, Krishna Water Supply Project, Chepauk, Madras 5, in his letter dated 30.1.1985 sent the requisition in the form prescribed for the acquisition of land measuring 49.61 acres of wet lands in Thomur village, Tiruvallur Taluk, Chengalpet District. Pursuant to that, a notification under Section 4(1) of the Land Acquisition Act, 1894 for acquisition of wet lands for an extent of 48.83 acres in survey No.226/1/Part, etc., was approved in G.O.Ms.No.700/PWD, dated 13.5.1985 and duly published in the Government Gazette dated 29.5.1985. An enquiry under Section 5-A of the Land Acquisition Act was duly conducted, in which all the parties concerned participated. Finally, a draft declaration under Section 6 of the Act for the extent of 48.93 acres was approved by the Government by their order dated 31.10.1985, which was also duly published.

(2.) Admittedly, the lands comprised in survey No.226/1/B, etc., are classified as wet lands in the revenue account of Thomur village, Tiruvallur Taluk, Chengalpet District. The award enquiry was conducted by the Land Acquisition Officer after due notice to all persons interested. Out of the extent of 48.93 acres notified, award was passed only to an extent of 47.09 acres and for the remaining extent of 1.84 acres, award was not passed. The Land Acquisition Officer fixed the market value at the rate of Rs.53.80 per cent. For so fixing, the said Officer placed reliance on a sale transaction that took place on 24.8.1982 wherein an extent of 1.03 acres comprised in S.No.248/12 etc., was sold for a consideration of Rs.5,540/-.

(3.) Being dissatisfied with such fixation, the respondents/land owners, exercising their option under Section 18 of the Land Acquisition Act, requested that the matter may be referred to a Civil Court. In their requisition which was given in writing, they have specifically mentioned that the adjoining lands are being sold at the rate of Rs.400/- per cent. Before the Reference Court, the respondents/Land owners filed their written statements to the effect that the acquired lands are fertile fields, cultivable thrice a year with crops like paddy, groundnut, casurina, sugarcane, etc., because they are getting perennial source of water as there are three tanks around, and that the lands yielded a net income of Rs.10,000/- per acre. It is also claimed therein that the lands are very close to bus route, Poondi Reservoir and T.B.Park and that the market value is about Rs.500/- per cent and that there is always steep increase of at least Rs.30/- per cent per annum. The reference Court placing reliance on a sale transaction that took place on 20.5.1983, wherein an extent of 34 cents comprised in S.No.113/7 was sold for Rs.34,000/-, which is about eight survey numbers away from the land in question, thought it fit to fix the market value at Rs.500/- per cent and another Rs.50/- by way of compensation on the ground that the land owners will have to go for some other work. Questioning the correctness of such fixation viz., at Rs.550/- per cent, the above appeals have been filed by the State of Tamilnadu.