K M KARUPPANA GOUNDER Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) These Review Applications are filed to review the common judgment in A.S.Nos.593 to 595 of 1991 dated 28.7.2003.

(2.) Total extent of 156.78 acres of land in Erode and Soorampatty villages of Erode Taluk were acquired for the construction of houses under the Low Income Group and Middle Income Group Schemes and also for construction of office of the District Collector as well as District Court buildings. Land Acquisition Officer determined the market value of the acquired lands at Rs.2/- per square feet and after deducting 20% towards development charges, fixed the market value at Rs.1.35 per sq. ft. and passed Award No.1 of 1980 dated 29.2.1980. In L.A.O.P.Nos.13, 14 and 16 of 1984, References were made in which the Reference Court enhanced the compensation to Rs.7/- per square feet.

(3.) A.S.Nos.593 to 595 of 1991 and Cross Objection Nos.29 and 59 of 1995 and Cross Objection Nos.25 to 31 of 2003 were filed by the Land Acquisition Officer and the Claimants respectively against the award passed by the Reference Court in L.A.O.P.Nos.13, 14 and 16 of 1984 on the file of Subordinate Judge, Erode enhancing the compensation at Rs.7/- per square feet In the appeals, the Division Bench of this Court (one of us was a member RBIJ) pointed out that the original Reference was under Section 30 of Land Acquisition Act and the compensation was deposited in the Sub-Court, Erode only under Section 30 of the Act. Thereafter, as per the order in I.A.Nos.181, 183 and 185 of 1987 dated 3.12.1987, Reference was amended under Section 18 of the Act instead of Reference under Section 30 of the Act.