MARIMUTHU KONAR Vs. PEACHIMUTHU KONAR

JUDGEMENT

(1.) THESE appeals arises against the Award dated 25. 1. 1990 in L. A. O. P. No. 33 of 1990 on the file of the Additional Sub Court, Coimbatore in and by which, the learned Sub Judge fixed the compensation amount at Rs. 5500/- per acre and Rs. 8000/- per acre in respect of dry lands and wet lands respectively.

(2.) THE brief facts of the case are as follows: the land under acquisition was acquired by the Government for formation of Sewerage drainage project. 4 (1) Notification under the Land Acquisition Act was issued on 17. 5. 1978. Land acquisition officer passed an Award in Award No. 13 of 1979 dated 05. 6. 1979, fixing the land value of at Rs. 3,417/- per acre for dry lands and Rs. 5,686/- per acre for garden lands. Against the order of the land acquisition officer, the claimant requested the Collector to refer the matter to the land acquisition Tribunal to fix the fair and reasonable compensation for the land under acquisition. The Collector also referred the matter for adjudication under Section 18 (1) of the Land Acquisition Act. The trial Court, after given due consideration with regard to the data sales (Ex. B1) passed an Award fixing compensation of Rs. 5,500/- per acre and Rs. 8,000/- per acre in respect of dry lands and wet lands respectively. Aggrieved by the award of the trial Court, the claimant filed the present appeal.

(3.) HEARD Mr. E. Sampath Kumar, learned counsel appearing for the appellants and Mr. V. Ravi, learned Special Government Pleader appearing for the respondent.