SPECIAL TAHSILDAR(LA) Vs. A JUDE THADDEUES

JUDGEMENT

(1.) A.S.Nos.587, 589 and 590 of 1996:

(2.) The Lands in Survey Nos.1146/1, 1147/1 and 1147/1C in Kamayakavundanpatti Village of an extent of 0.15.5, 0.10.5 and 0.06.5 hectare respectively and in 316/6A, 316/6B, 316/7, 316/7B and 316/6 in Royappanpatti Village to an extent of 0.09.5, 0.12.0, 0.32.0, 0.12.0 and 0.09.5 hectare respectively were acquired for the purpose of water spread area and for construction of staff quarters under Shanmuganadhi Reservoir Scheme, Uthamapalayam under 4(1) notification dated 02.11.1989 and the Land Acquisition Officer, after considering various documents fixed the value of the land at Rs.7,095.60/- and the value of the trees each at Rs.1,328.25/- in respect of L.A.O.P.No.9 of 1992; fixed the value of the land at Rs.7,095.60/- in respect of L.A.O.P.No.16 of 1992 and fixed the value of the land at Rs.1,029.15/- in respect of L.A.O.P.No.2 of 1993 along with 30% solatium and 12% interest. Not being satisfied with the award passed by the Land Acquisition Officer, the claimant in all appeals sought for reference under Section 18 of the Act and reference were made in L.A.O.P.Nos.9 of 1992, 16 of 1992 and 2 of 1993, on the file of the Subordinate Judge, Periyakulam. The learned Subordinate Judge enhanced the compensation from Rs.7,095.60/- to Rs.56,000/- by fixing Rs.700/- per cent for 0.80cents and enhanced the compensation for trees from 1,328.25 /- to Rs.2,94,000/- for 147 trees by fixing Rs.2,000/- for each tree and totally awarded a sum of Rs.3,50,000/- in respect of L.A.O.P.No.9 of 1992; enhanced the compensation from Rs.7,095.60/- to Rs.1,13,400,000/- by fixing Rs.700/- per cent for 1 acre 62 cents in respect of L.A.O.P.No.16 of 1992; and enhanced the compensation from Rs. 1,029.15/- to Rs.16,100/- by fixing Rs.700/- per cent for 23 cents in respect of L.A.O.P.No.2 of 1993. The trial Court has also awarded 30% solatium for additional compensation and 12% interest from the date of acquisition till the date of deposit. Against which the present appeals have been filed.

(3.) The learned Government Advocate would submit that the trial Court enhanced the compensation to Rs.700/- per cent, which is very high and hence, he prayed for reduced the amount fixed by the trial Court.