LAWS(MAD)-2007-11-323

SPECIAL TAHSILDAR LAND ACQUISITION ADI DRAVIDAR WELFARE VRIDHACHALAM Vs. SORNAMBAL ALIAS SORNASUNDARI

Decided On November 23, 2007
SPECIAL TAHSILDAR (LAND ACQUISITION) ADI DRAVIDAR WELFARE, VRIDHACHALAM Appellant
V/S
SORNAMBAL ALIAS SORNASUNDARI Respondents

JUDGEMENT

(1.) THIS appeal in A. S. No. 532 of 1996, A. S. No. 416 of 1996 and Cross Objection in Cross. Objection No. 70 of 1998 are arising out of the same award, passed in L. A. O. P. No. 121 of 1989 on the file of the Subordinate Judge, Vridhachalam.

(2.) THE appeal in A. S. No. 532 of 1996 has been preferred by the Special Tahsildar, Land Acquisition, Adi Dravidar Welfare, Vridachalam. The first claimant in the award proceeding has preferred the appeal in A. S. No. 416 of 1996 and the second claimant has preferred Cross Objection in Cross Obj. No. 70 of 1998.

(3.) IT is not in dispute that the land in R. S. No. 24/3 measuring an extent of 2. 63 acres and in R. S. No. 24/6 measuring an extent of 1. 37 acres in Budhamur Village, Vridhachalam was acquired by the Land Acquisition Officer, Special Tahsildar (ADW), Vridhachalam, for the purpose of providing house sites for houseless barbers and dhobies, for which Section 4 (1) Notification under the Land Acquisition Act (herein after referred as the Act) was published on 03. 11. 1986. By award No. 1/86-87, dated 03. 11. 1986, compensation was awarded by the Land Acquisition Officer at Rs. 9,026/- per acre. Aggrieved by which, at request of the claimants, reference was made under Section 18 of the Land Acquisition Act. The Land Acquisition Tribunal / Subordinate Judge, Vridachalam, considering the evidence both oral and documentary and also the arguments of both sides, has decided the compensation at the rate of Rs. 700/- per cent and accordingly, the compensation was awarded with 30% solatium, 12% interest and costs, as per the Act. Aggrieved by the Judgment and Decree passed by the Land Acquisition Tribunal, Referring Officer / respondent, has preferred the appeal in A. S. No. 532 of 1996. The first claimant has preferred appeal in A. S. No. 416 of 1998 for enhancement of compensation and the second claimant has preferred Cross Objection in Cross Obj. No. 70 of 1998 for enhancement of compensation.