THE SPECIAL TAHSILDAR Vs. S.NAGARAJAN

JUDGEMENT

(1.) The first appeal is directed against the fair and decreetal orders, dated 15.04.2008, made in L.A.O.P.No.55 of 1994, on the file of the Principal Sub Court at Nagercoil, by the Referring Officer / appellant.

(2.) It is found that the Special Tahsildar (Land Acquisition), Neighbourhood Scheme, Nagercoil, had acquired various extent of lands including the lands of the claimant, comprised in T.S.No.L5-13/3, measuring 61 Cents and T.S.No.L5-13/1B, measuring 01 Cent, for the formation of the Neighbourhood Scheme in Nagercoil Town and accordingly a Notification, under Section 4(1) of the Land Acquisition Act (hereinafter, referred to as the Act), was published in the Government Gazette, dated 11.07.1990, and also in the locality on 06.08.1990 and after due notice to the claimant as well as the other persons, whose lands had been acquired under the above said Scheme and after issuing the declarations required to be made as per the Act and in sofar as the case of the claimant is concerned holding that the lands to which the claimant is staking title had been made on the basis of the Will executed in his favour by the Patta-holder Narayana Perumal, who is the grandfather of the claimant and accordingly holding that the claimant as such is entitled to receive the compensation for the lands in question and considering the various sale transactions that had occurred in the locality for the past three years, according to the appellant, 610 sale transactions have been taken into consideration and finally, after discarding all the sale transactions for one reason or the other as detailed in the Award and holding that only the sale transaction in Serial No.51, vide document No.1943, dated 12.10.1997, is relevant as the lands involved in the sale transaction is similar to the acquired lands involved in the matter and the rate also fixed in the said sale transaction being fair and reasonable and also the value of the trees fixed correctly in the said sale transaction, finally the value of the lands under the acquisition had been fixed by the Referring Officer at the rate of Rs.550/- per Cent and accordingly, determined the compensation to which the claimant and the other land owners are entitled to and passed the Award impugned in the land acquisition original petition.

(3.) Inasmuch as the compensation fixed for his lands acquired by the Referring Officer is inadequate and not correctly fixed in accordance with the prevailing market value of the lands in the locality at the relevant point of time, the claimant having contested the Award it is found that a reference was made to the Principal Subordinate Judge, Nagercoil, in L.A.O.P.No.55 of 1994 by the Referring Officer / appellant.