LAND ACQUISITION OFFICER, SUB-COLLECTOR, PALANI AND ORS Vs. RAJA RATHNA TRUST, NEIKKARAPATTI, PALANI TALUK AND ORS

JUDGEMENT

(1.) These appeals have been preferred against the award dated 16.07.2004 passed in L.A.O.P.No.3 of 2000 by the Land Acquisition Tribunal/Sub Court, Palani.

(2.) The respondent in A.S(MD)No.15 of 2007 as Land Acquisition Officer has acquired lands comprised in Survey Nos.403/2, 405, 406, 408/2, 412, 442, 443/2, 449/2, 453/1, 453/3, 455/2 and 456 situate in Puthachu Village for the purpose of constructing a dam and awarded a compensation of Rs.35,000/- per acre. Since the quantum of compensation given by the respondent is not sufficient, at the request made on the side of the claimant, a reference has been made under section 18 of the Land Acquisition Act, 1894 and the same has been taken on file in L.A.O.P.No.3 of 2000 on the file of the Land Acquisition Tribunal.

(3.) On the side of the claimant, a claim statement has been filed wherein it has been specifically stated that 1 acre of acquired land is worth of Rs.1,50,000/-. However, the claimant has restricted his claim to the tune of Rs.1,15,000/-. The Land Acquisition Tribunal/Sub Court, Palani after considering the rival evidence adduced on either side, has awarded a compensation of Rs.1,03,500/- per acre and after deducting 20% towards development charges, the Land Acquisition Tribunal has fixed Rs.828/- per cent. Against the award passed by the Land Acquisition Tribunal, the Land Acquisition Officer as appellant has preferred A.S(MD)No.123 of 2005 and in order to enhance the award, the claimant has filed A.S(MD)No.15 of 2007 on the file of this Court.