SPECIAL TAHSILDAR Vs. THIRU RAYAR

JUDGEMENT

(1.) Heard.

(2.) This Appeal Suit is filed by the Special Tahsildar, challenging the judgment and decree dtd. 18/9/2017 passed in L.A.O.P. No. 68 of 2015 by the learned Special Subordinate Judge for L.A.O.P. Cases, Cuddalore. By the said judgment, the Reference Court enhanced the market value of the acquired lands from Rs.35,354.00 per acre as fixed by the Land Acquisition Officer to Rs.2,00,000.00 per acre, together with statutory solatium and interest.

(3.) The brief background is that in G.O.Ms.No.179, Industries (MIF-1), dtd. 30/6/1997, the Government of Tamil Nadu has accorded administrative sanction for acquiring lands to the extent of 178.01.0 hectares from Kayalpattu Village, Cuddalore Taluk, Cuddalore District for establishing industrial complex by the SIPCOT (TACID Division). Based on the G.O., notification dtd. 18/2/1999 under Sec. 4(1) of the Land Acquisition Act, 1894 (Act 1894 hereafter) for acquiring 12.92.0 hectares of land situated in Survey Nos.182,183 and 184 was issued. The claimants lands in R.S.No. 183/1 measuring 0.44.5 hectares in Andarmullipallam Village, Cuddalore Taluk, were acquired under Award No. 3 of 1999 dtd. 30/11/1999. The Award Officer, after examining 49 data-sale transactions, determined the market value at Rs.35,354.00 per acre, treating the land as dry land, and awarded a total compensation of Rs.54,969.00 including solatium and additional amounts. Dissatisfied with the said valuation, the claimant sought reference under Sec. 19(1) of the Act for enhancement.