SPECIAL TAHSILDAR ADI DRAVIDAR WELFARE NAMAKKAL Vs. RAJAMMBAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 25. 10. 1993 made in L. A. O. P. No. 7 of 1998 on the file of the Land Acquisition Tribunal / Subordinate Judge, Namakkal.

(2.) IT is not in dispute that an extent of 1. 76 acres in Survey No. 302/1 and 1. 58 acres in S. No. 302/2 and in total an extent of 3. 34 acres of land belong to the respondent herein was acquired by the appellant / Sub Tahsildar (Adi Dravidar Welfare), Namakkal, for the purpose of providing house sites to the Adi Dravidars. It is seen that for the land acquisition proceedings notification under Section 4 (1) of the Land Acquisition Act, 1894 (herein after referred to as the Act) was published in the Government Gazette dated 17. 04. 1995. As per the award No. 6 of 1985 dated 27. 03. 1986, the Land Acquisition Officer had decided the market value of acquired land at Rs. 5,500/- per acre, based on the data sale deed. The respondent herein received the amount with objections and on her request, reference was made under Section 18 of the Land Acquisition Act.

(3.) IT is seen that before the Land Acquisition Tribunal, on the side of the respondent/claimant, brother of the respondent/claimant, one Radhakrishnan was examined as C. W. 1 and Ex. A1, certified copy of the sale deed relating to one K. M. Subramaniam dated 18. 11. 1983 and Ex. A. 2, certified copy of the sale deed relating to one Arunachala Udayar dated 29. 08. 1983 were marked. On the side of the appellant/referring Officer, Ex. B. 1, certified copy of the sale deed relating to one Kabuna Beebi dated 15. 11. 1983 was marked apart from the topographical sketch, Ex. B. 2.