SPECIAL TAHSILDAR Vs. GOPALJI AGARWAL

JUDGEMENT

(1.) Challenge in these appeals is to the awards of the Sub-Court, Ponneri made in several Land Acquisition Original Petitions relating to the acquisition of land for the purposes of laying Outer Ring road by the 2nd respondent namely, Chennai Metropolitan Development Authority.

(2.) In respect of the lands subject matter of these appeals, 4(1) notifications were made on 12/4/2012 and 30/7/2012. Award Nos.1 to 7 were passed on 31/10/2013, 12/12/2013, 27/12/2013 and 30/12/2013. The Land Acquisition Officer, relied upon the sale deed, which was produced as Ex.R1 and fixed the value per cent at Rs.65,378.00, Rs.65,708.00and at Rs.66,956.00 for the lands that were under aquisition. The Land Acquisition officer also awarded statutory benefits that were available to the land owners under Act 1 of 1894. Aggrieved, the land owners sought for the reference under Sec. 18 of the Land Acquisition Act, 1894. The references were made to the Sub-Court, Ponneri.

(3.) Before the learned Sub-ordinate Judge, the land owners produced Ex.C1, sale deed under which, an extent of 1150 Sq.ft., of land was sold at Rs.5,39,000.00 on 29/3/2012, which is prior to the 4(1) notification. The acquiring Authority, relied upon the Ex.R1, sale deed dtd. 25/8/2011 wherein, the extent of 1,175 Sq.ft., land was sold for Rs.1,80,114.00. While Ex.R1 related to Survey No.145, Ex.C1 related to Survey No.441 of the same village.