NEELAMMAL Vs. STATE OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) THE claimant has focused the instant Civil Revision Petition questioning the judgment dated 21.11.2003 passed by the learned Principal Subordinate Judge, Nagercoil, in L.A.A. No. 6 of 1999 in fixing the quantum of land value in respect of Lands acquired in Easanthimangalam Re -Survey No. 155/9 and Erachakulam Re -Survey No. 31/1, Nagercoil.

(2.) PURSUANT to Notification dated 06.10.1995 issued under Section 4(1) of the Land Acquisition Act [for short, 'Act'], the lands of the petitioner/claimant which were situated in Re -Survey No. 155/9 and Re -Survey No. 31/1 in Easanthimangalam village and Erachakulam village respectively, to an extent of 12 1/2 Cents and 4 1/2 Cents respectively, were acquired under the Harijan Welfare Scheme for the purpose of providing house sites for the Adi Dravidas residing in the same villages. After complying with the formalities, the Land Acquisition Officer had fixed the quantum of compensation at Rs. 170/ -per cent and arrived at a sum of Rs. 47949/ - in respect of the acquired lands of 0.89.0 Hectares of the petitioner/claimant and accordingly, passed Award No. 7/95 - 96 dated 08.03.1996, whereas on the matter on being appealed to the Principal Subordinate Judge, Nagercoil, at the instance of the claimant, the compensation was enhanced by Rs. 30/ - per cent and accordingly, a sum of Rs. 200/ - per cent was awarded in addition to 15% towards solatium and interest at 6% per annum.

(3.) LEARNED counsel appearing for the petitioner/claimant contended that the market value of the acquired land has not been determined by the trial Court based on the sale instances which are substantive evidence produced in justification of the claim. He further contended that the trial Court has failed to appreciate Ex. A.1 dated 07.7.1993, which, according to the learned counsel, a five year old document at the time of acquisition proceedings. Relying on Section 23(2) of the Act, the learned counsel contended that the Court below ought to have awarded 30% solatium and interest thereon.