ASSISTANT COLLECTOR Vs. KRISHNAN DIED

JUDGEMENT

(1.) THE above appeal is directed against the order dated 29. 11. 1995 in L. A. O. P. No. 198 of 1988 on the file of Subordinate Judge, Salem . THE respondent in the L. A. O. P. is the appellant herein.

(2.) THE lands belonging to the claimants, who are the respondents herein, were acquired for the establishment of Udayapatti electricity Sub Station. Not satisfied with the amount of compensation, the claimants sought for a reference and accordingly, the matter was referred to the learned Subordinate Judge, Salem under section 18 of the Land Acquisition act, 1894.

(3.) MR. V. Ravi, learned Special Government Pleader contended that the enhancement of compensation awarded by the learned subordinate Judge is without any basis and the document, namely, data sale deed (Ex. R-4) could alone be taken into consideration for fixation of compensation as it is prior to the date of notification under section 4 (1) of the Land acquisition Act, whereas, out of the documents filed and relied on by the claimants, viz. , Exs. C1, C2 and C5, except Ex. C1, others are subsequent to the date of 4 (1) notification and the learned Subordinate Judge was not justified in taking into account those documents for fixing the amount of compensation. According to him, the Land Acquisition Officer has correctly considered the data sale deed (Ex. R-4) and fixed the compensation at the rate of Rs. 35,398/-per acre.