SPECIAL TAHSILDAR Vs. V GOPAL

JUDGEMENT

(1.) THIS appeal has been preferred by the respondent therein against the Judgment and Decree, dated 28. 04. 1994 made in L. A. O. P. No. 6 of 1993 on the file of the Land Acquisition Tribunal / Additional Sub Judge, Salem.

(2.) IT is not in dispute that the land in question is 1. 23 acres, bearing S. No. 147/1a5, situated in Poolampatty Village, Sangagiri Taluk, Salem District, which was acquired for the purpose of providing house sites for Adi Dravidars by the Special Tahsildar (Land Acquisition) (Adi Dravidar Welfare), Sangagiri, Salem, for which 4 (1) Notification under the Land Acquisition Act (herein after referred to as Act) was issued on 09. 09. 1987.

(3.) THE appellant had decided the value of the land acquired at the rate of Rs. 25,000/- per acre, based on the data sale deed, relating to the land in S. No. 139/2a1. Both the acquired land in S. No. 147/1a5 and S. No. 139/2a1 are shown in the sketch prepared and marked as Ex. R. 3. It is seen from the order that the respondent / claimant had claimed compensation at Rs. 1,00,000/- per acre, for which he produced a sale deed, Ex. C. 1, relating to the sale that had taken place on 18. 08. 1986, whereby one Venkatachalam purchased the land from one Shanmugam for a sum of Rs. 18,500/ -. As per the evidence of C. W. 1, the said land is situate 1 ? furlong away from the acquired land. According to him, it was sold at Rs. 900/- percent. In the cross-examination, he has admitted that the aforesaid land is situate nearby the road, whereas the acquired land is situate at about 1 ? furlong away from the said land. The vendor to the sale deed, Ex. C. 1 was also examined as C. W. 2. He has also deposed evidence, in support of the claim of the respondent. 3. As found by the court below, the above said fact was not in dispute. Admittedly, the sale was taken place prior to the date of 4 (1) Notification under the Land Acquisition Act. In the impugned order, the Tribunal has held that the data land stated by the appellant / respondent could not be taken into consideration on the ground that the same was interior and away from the road, where as it has considered the sale deed, Ex. C. 1 for the purpose of deciding the market price of the acquired land. It has been stated in the award that the land relating to Ex. C. 1 is a developed house site. On the basis of Ex. C. 1, sale deed and also considering the relevant other factors, the market price of the acquired land was fixed by the Tribunal. Accordingly, held it reasonable that the market value of the acquired land at Rs. 600/- percent and Rs. 60,000/- per acre and found it proper to deduct 25% of the value, while deciding the market value of the acquired land. Therefore, I am of the view that the reason assigned by the Land Acquisition Tribunal is just and proper and the same need not be interfered with in this appeal.