SPECIAL DEPUTY COLLECTOR LAND ACQUISITION Vs. R DURAI

JUDGEMENT

(1.) THE referring officer is the appellant herein.

(2.) 1. The Government of Tamil Nadu acquired large extent of lands situate in Velachery, Chennai including an extent of 0. 28. 75 Cents (12523. 5 sq. ft.) of land comprised in Survey Nos. 409/9 and 409/11 belonging to the claimants/ respondents herein. The Land Acquisition Officer fixed the value of the land at Rs. 76/- per sq. ft. and the referring officer passed award no. 1/2003 fixing the compensation at Rs. 17,16,225/ -. The claimants filed an objection stating that the land would fetch Rs. 24 lakhs per ground and requested to make a reference. 2. 2. Accordingly, the matter was referred under section 18 of the Land Acquisition Act, 1894 which was taken on file as L. A. O. P. No. 4 of 2004 on the file of City Civil Court, Chennai. Learned Assistant Judge, City civil Court, Chennai, on the basis of evidence let in by both the parties, enhanced the market value of the land at Rs. 484/- per sq. ft. besides fixing the value of the superstructure in the land at Rs. 81,185/- and awarding solatium at 30% and additional market value at 12% p. a from 25. 5. 2000 to 28. 5. 2003 on the enhanced market value of the land the value of the superstructure. Aggrieved by the judgment and decree of the learned Assistant Judge, the referring officer has preferred this appeal.

(3.) FURTHER, Ex. C-5 sale deed is dated 19. 3. 1997 and notification under section 4 (1) of the Land Acquisition Act in the instant case was issued on 25. 5. 2000. The learned Assistant Judge added the appreciation at the rate of 10% for every subsequent year after the base year in the light of the decision of Supreme Court in Special Land Acquisition Officer, B. T. D. A. Begallcot vs. Mohd. Hanif Sahib Bawa Sahib (2002 (3) SCC 688) and fixed the market value at Rs. 484/- per sq. ft. in respect of the lands acquired. FURTHER, the learned Assistant Judge has also noticed Ex. C-4 under which land was sold at rs. 489/- per sq. ft. in the year 1999.