SPECIAL TAHSILDAR Vs. VALLIAMMAL

JUDGEMENT

(1.) THE above appeal has been filed by the Special Tahsildhar (Land Acquisition), Adi-Dravidar Welfare, thirupattur against the judgment and decree dated 30. 04. 1999 passed in l. A. O. P. No. 83 of 1998 on the file of the Subordinate Judge, Thiruppur.

(2.) THE brief facts are as follows : THE State of Tamil Nadu issued a notification under Section 4 (1) of the Land Acquisition Act 1894 (herein after referred to as the "act".), seeking to acquire the land belonging to the claimants measuring to an extent of one acre and 62 cents situated in S. F. No. 89/1 of Sollur Village, Vaniyambadi Taluk, for a public purpose namely for providing house sites for Adi-Dravidars. THE notification was published in the Tamil Nadu Government Gazette on 12. 11. 1986. THE declaration under Section 6 was published in the Tamil Nadu Government Gazette on 19. 11. 1987. THE Appellant Special Tahsildhar passed an award No. 14 of 1987-88 dated 24. 03. 1988. THE Special Tahsildhar fixed the market value of the acquired land at the rate of Rs. 12,173/- per acre, treating the same as agricultural land and he also awarded a sum of Rs. 3,255/- for the well situated in the acquired land. THE land was taken possession on 12. 06. 1991.

(3.) THE Reference Court on a consideration of the oral evidence of P. Ws. 1 to 3 and R. W. 1 concluded that the acquired land is situated in a developed area, number of tanneries and other industries are located near the acquired land and the acquired land has got the potentiality for being used as house sites and hence its potential value has to be assessed. THE Reference Court pointing out that since land conveyed under ex. C. 2, Sale Deed lies within the Ambur Municipality, it cannot be relied upon and hence rejected the same. Similarly, the Reference Court did not place any reliance on Exs. C. 3 and C. 4 Sale Deeds, which have come into existence much after the publication of the 4 (1) notification. THE Reference Court on a consideration of Ex. C. 1 and Ex. R. 2, in the light of Ex. R. 3, topo-sketch has come to the conclusion that the data land lies far away from the acquired land, whereas the land conveyed under Ex. C. 1, Sale Deed is situated nearer to the acquired land and hence has relied upon Ex. C. 1 for fixing the market value of the acquired land. THE Reference Court has pointed out that since the land conveyed under ex. C. 1 is in a village, the value of Rs. 6. 00 per Sq. Feet, is higher. THE reference Court has also relied upon the value of Rs. 5. 00 per Sq. Feet fixed in the judgment dated 12. 02. 1997 passed in L. A. O. P. Nos. 9, 10 and 11 of 1995 on the file of the same Court. THE Reference Court has pointed out that since the acquired land lies in a village, the value of the acquired land cannot be fixed on square feet basis. On the ground that the land conveyed under Ex. C. 1 lies in a village, the Reference Court has deducted 5% of the value and has further deducted 10% towards development charges and after the said deductions, the reference Court has fixed Rs. 2,22,156/- as the market value per acre for the acquired land. THE Reference Court concluded that the value of Rs. 3,255/- fixed for the well situated in the acquired land is less and enhanced the same to rs. 6,510/ -.