DIVISIONAL ENGINEER Vs. ARUMUGA PERUMAL

JUDGEMENT

(1.) Both these appeals are filed under Section 54 of the Land Acquisition Act, 1894 (in short "the Act"), challenging the enhancement of compensation, awarded by the Land Acquisition Tribunal (Principal Sub-Court), Tirunelveli, on a Reference under Section 18 of the Act. Heard Mr. B. Pugalendhi, learned Special Government Pleader appearing for the Acquisition Officer, Mr. K. Govindarajan, learned counsel appearing for the requisitioning body, both of whom are the appellants and Mr. S.S. Sundar, learned counsel appearing for the 1st respondent in the appeals.

(2.) The land of an extent of Hectares 0.40.5 (Acres 1.00) in S.F. No. 500/2, Kulavanigarpuram, Palayamkottai Taluk, Tirunelveli District, was acquired by the Government of Tamil Nadu, for the purpose of establishment of an Electronic Telephone Exchange. The Notification under Section 4(1) of the Act was issued on 09.08.1994. It was published in the Government Gazette on 24.08.1994 and was published in the locality on 03.10.1994.

(3.) After completion of all formalities, an award was passed on 02.12.1996, fixing the compensation at the rate of Rs. 5,500/- per cent. The 1st respondent in these appeals (land owner) sought a reference under Section 18 of the Act and the District Collector made a reference to the Land Acquisition Tribunal (Principal Sub-Court), Tirunelveli. By a judgment dated 06.06.2005, passed in LAOP No. 111/2000, the Tribunal enhanced the compensation to Rs. 28000/- per cent. The Tribunal also directed payment of 30% solatium and awarded interest at 12% per annum from the date of Notification under Section 4(1) of the Act till the date of possession, interest at the rate of 9% for a period of one year thereafter and interest at the rate of 15% per annum from the date of expiry of one year till the date of making the deposit. Aggrieved by such enhancement, the requisitioning body has come up with A.S. (MD) No. 365 of 2005. The Land Acquisition Officer himself has come up with the next Appeal A.S. (MD) No. 250 of 2008.