A. ISMAIL SAIT Vs. COMPETENT AUTHORITY, LAND ACQUISITION

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal is preferred by a land owner aggrieved by the order of the Principal District Court, Villupuram, in Arbitral OP.No.37/2009 filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act") as against the Award of the District Collector as an Arbitrator under Sec. 3-G[5] of the National Highways Act, 1956 (hereinafter referred to as "NH Act").

(2.) The following facts are not in dispute :

(3.) Since the quantum fixed by the Competent Authority was not acceptable to the appellant, he filed an application for enhancement of compensation before the District Collector who is the Arbitrator. It is to be noted that the appellant produced before the Arbitrator, three sales statistics to show that the market value for the acquired land would range from Rs.41.67p. per sq.ft., to Rs.117.00 per sq.ft. The appellant produced a document dtd. 27/3/2002 to show that the value for the land in S.No.17/3A in Vazhuthareddy Village was sold at the rate of Rs.72.67 per sq.ft. The 2nd document filed by the appellant before the Arbitrator is the Sale Deed dtd. 8/10/2003 in respect of a land in S.No.3/1A2 and S.No.4/2A. The market value reflected in the 2nd Sale Deed is Rs.117.00 per sq.ft. The 3rd document is dtd. 30/10/2001, where an extent of 960 sq.ft. in S.No.26/1 was sold at Rs.41.67p. per sq.ft. It is to be noted that the 1st and 3rd document are in respect of wet lands as classified in Revenue records, whereas, the 2nd document is in respect of a dry land. The District Collector, who is the Arbitrator in terms of Sec. 3-G[5] of the NH Act, vide proceedings dtd. 6/8/2007, rejected the application filed by the appellant for enhancement of compensation, by holding that the three sale deeds relied upon by the appellant are not comparable and that the Competent Authority had already fixed the compensation on the basis of sale deed in respect of land in a layout area.